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(Guest)

New evidence/witness in middle of trial

Hi Experts,

i just want to know if new witness can be involved in the middle of criminal trial? or at a later stage?

Investigation ran for 11 months now they are coming with new witness how far it is possible and fair? 



 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 December 2015

Witness not examined u/s 161 crpc are not to be considered as police challan u/s 173 crpc. Same is not considered during trials.

 

For new witnesses, petition needs to be made and re-investigation is needed.

 

Please see my profile links for more clues.


(Guest)

"For new witnesses, petition needs to be made and re-investigation is needed."

So will it be another petition within the same complaint(FIR)/Chargesheet. trial need to be delayed for that purpose?

Re-investigation means that police havent done the investigation in a proper way?

  • can action be taken against them? or
  • Complainant for not providing information pertaining to complait?
  • Why and what measures created necessity to re-investigate will be recorded?

 

 

 

 

Sreenivas V (S/W)     14 December 2015

hi 498kase

how long you have been fighting this case. I agree your questions here but be practical. There are all sorts of things happens in court especially in lower courts. Please find a way out to come out of this mess than concentrating on how these are happeing is it correct or wrong.

You may be angry on me when saying like this, but I feel these are the things we cannot do anything and best way is how quick to come out of these and live happily. Unless you are very rich or good political backing it is very difficult to counter these things.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 December 2015

LCI members,

Request you to focus on the matter of the quest only.

 

@ Quest,

For new witnesses, petition needs to be made and new police investigation is required.

 

That petition should have justification for new witnesses those are not examined u/s 161 CrPC. You also should file objection petition saying that there is no need of such misleading petition that contains concocted imputations to prolongate the court process for more damage of the accused. 99.9% chances that the judge dismisses such petitions of complainants, so don’t worry.

 

If the High Court has already made time-frame of the trial then the trial court can’t contempt such order. If they contempt, then file contempt of the court in HC.

 

Please see my profile links for more clues.

AS   15 December 2015

Well Addition of witness can be done .

Lower court always allow application of 311 for additional witness .....nothing wrong in it

 

I am sorry rocky smith but i dont agree to your answers given above.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2015

Originally posted by : AS
Well Addition of witness can be done .

Lower court always allow application of 311 for additional witness .....nothing wrong in it

 

I am sorry rocky smith but i dont agree to your answers given above.

@ Mr. AS,

Yes I agree with you. That is the reason I have mentioned that "For new witnesses, petition needs to be made" (i.e. petition u/s 311 with justification by the complainant). The accused can also file objection petition. After proper arguments between complainant and accused parties only the court may / may not order for any summon for any witnesses out of police challan for any further inquiry in the interest of the judge where inquiry is already closed. You can file revision of appeal against that order if it is against you.

 

Hope this is clear to you. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2015

Even accused can also make petition u/s 311 to bring their evidences (Witnesses and other evidences) to prove complainants as false. 

 

Please see my profile links for more clues.


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