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Apprentice (Associate)     29 July 2013

Mistakes made in recording evidence, judge not correcting?

Extremely disgusted with the way the Court recorded evidence. Numerous errors, grammatical and also in the meaning conveyed, including some serious errors detrimental to my client. Sometimes the judge started dictating the Defendant's reply without even waiting for her reply - absolutely horrified and he would not listen to our objections. When we objected, he said he will give it to us for rectification before signing. That did not happen. The judge is now refusing to correct the evidence. 

Any suggestions?



 3 Replies

adv.raghavan (Advocate,9444674980)     31 July 2013

if it is grammatical error, it can changed in due course, if it is false evidence, then u have to file petition under sec 340 of crpc for asking court to cognisance of the said false evidence and u can sought investigation on that.

surjit singh (Assistant)     31 July 2013

So far there is grammatical error it is nothing much to worry, but the other think is when the evidence is recorded the signature of the witnesses are obtain, the correction would have been asked for before signing the statemnet before the court. It appears that you have not done so. At that time you had the right to not to sign the deposition statement untill and unless the same is corrected. Filing applicaton for correction would now catch no fruits.

Apprentice (Associate)     07 August 2013

There is no question of sgning anything - the cross examination was conducted, recorded by the court, signed by the judge. end of story.  Not grammatical errors but incorrect records. If the witness said denied, judge recorded agreed. if witness said "I don't remember ...." then judge recorded it as -" it is not true to say that ...." 

 

Luckily it was not our main witness. Main witness evidence remains rock solid!


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