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Justice for all (Legal)     23 May 2010

What is the effect of these defects in the trial?


I am appearing for judicial examinations & need some help in this regard.

What is the effect of following defects in a criminal trial:-

  1. The prosecution evidence is closed after two or three opportunities leaving few important witnesses unexamined (Is the trial vitiated?)
  2. After closure of defence evidence, certain important prosecution witnesses are summoned for being examined (Is it permissible?)
  3. A document is marked as an 'exhibit'.  Whether question of its admissibility be raised in appeal for the first time?


 4 Replies

Kiran Kumar (Lawyer)     24 May 2010

m leaving a very short reply to ur queries; for query no. 1 and 2 read S.311 Cr.P.C


and for query no. 3 in my opinion yes this point can be raised in appeal too, if the court does a technical error then the party shall not suffer........mere use of word exhibit will not prove a document, it has to be proved as according to law.....its a duty of the court to rely upon well corroborated or well proved evidence only.

1 Like

N.K.Assumi (Advocate)     25 May 2010

In addition to Kiran's answer to question 3: Exhibit as per Section 4 of the Court fees Act, means a document exhibited for the purpose of being taken into consideration in deciding some questions or other in respect of the proceedings in which it is filled.Once the documents is exhibited in the court of first instance and if it is not agitated in the court of first instance no question of challenging the same in the appellate court arise.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     27 May 2010

1. Trial would not vitiated merely because prosecution failed to examine important witnesses.


2. No. after closure of defence witness prosecution cannot  summon witness as it would be considered as filling in the lacunae.

3. i agree with kirn sir.

Pankaj Mehta (Advocate)     27 May 2010

Non production of material witnesses amounts to acquittal as per held by various high courts

Once a document is exhibited, its admissibility can not be challenged in later stages, not in appeal too, except when serious question of law arises or a legal issue is involved.

 after closing of defence witness, no other prosecution witnesses may be recalled

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