Madhu (network engineer) 19 November 2013

Reg:evidence and independent witness in criminal cases

Hello Experts ,

Please advice on

With respect to a criminal case Any evidence or independent witness to be presented in court from the respondent's side , do that evidence (medical reports , audio and video recordings ) or independent witness ( witness statement ) need to be a part of charge sheet?

Do these documents and statements to be Produced to the Police or not. ?

If the charge sheet is filed only with the witness belonging to the complainant (people who give favorable statement for the complainant ) , then when can we make the independent witness also a part of it?

If any person willing to give their statements as a independent witness , do that person need to attend the court on all the trails ?

Thank you in advance

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4 Replies

rajendra (na) 20 November 2013

Hi,

Normally police dogs will not do the investigation and the evidences from respondant should be listed under section 161 in the charge sheet.

but normally court will not trust charge sheet.

you can produce your own witness and proofs court will allow you to do this.......

1 Like

T. Kalaiselvan, Advocate (Advocate) 20 November 2013

When the matter is posted for defence side evidence, you can produce your witness or witnesses along with the documentary/medical or any other evidence available in your possession to defend your case, until then allow the prosecution side to exhaust all their sources to prosecute you during trial, cross examine all the prosecution witnesses, prepare a ground for your side witness/evidence and then file the list of witness from your side to be examined before the court. These witnesses need not attend the court on all the hearings, they can be present before the court only during the time of their evidence.

1 Like

Mayank Kumar Advocate (EAST DELHI) 20 November 2013

yes you may represent any witness as you ask above mentioned and it is necessary of witness to come in the court.

1 Like

Siv (engineer) 26 November 2013

If the eye-witnesses do not respect the Accused/Respondent ,of the criminal case, to come to court... then what is the remedy available to the Accused/Respondent.

Can the accused file application U/s 311 of CrPC to summon the eye-witneeses...