Thursday, 30 July 2015

RE: [SaveIndianFamily] RE: 498A Steps

 

Great. But now even if the complainant denies the genuineness of documentary evidence shown to her during cross, can the defense request the court to take the evidence on record after verifying its validity by forensic analysis?
Akash

From: The Saint
Sent: ‎31/‎07/‎2015 00:06
To: saveindianfamily@yahoogroups.com; Akash K
Subject: Re: [SaveIndianFamily] RE: 498A Steps

That's the way to do it. 

complainant's recognition is key. Once it gets admitted by the complainant, then it becomes un-controverted piece of evidence. 

Cross examination is the right stage and cross should be thus conducted , leaving no scope for complainant to not admit such documentary evidence.

 
The Saint


From: "Akash K akaash.mra@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com>
To: The Saint <dboondocksaint@yahoo.com>; saveindianfamily <saveindianfamily@yahoogroups.com>
Sent: Thursday, 30 July 2015 11:44 PM
Subject: [SaveIndianFamily] RE: 498A Steps

 
Can defense adduce its documentary evidence during cross examination of prosecution witness?
For example complainant claims in chief that she was never taken by accused husband to any restaurant. Now during cross if defense produces a photograph of complainant having dinner with accused husband in a restaurant, restaurant bill, payment receipt etc and if complainant recognises it, then can the photograph, bills etc be taken on record as defense exhibit?
Or standing in witness box on oath is the only way to adduce above evidence by the defence?
Akash



From: The Saint
Sent: ‎30/‎07/‎2015 22:53
To: Akash K; saveindianfamily
Subject: Re: 498A Steps

No one is permitted to have his cake and eat it too. I hope  you understand what I mean. 

any evidence accused provides, documentary or oral will be challenged by the prosecution.

for adducing evidence, a person has to take oath and stand in the witness box. 
 
The Saint




From: Akash K <akaash.mra@gmail.com>
To: The Saint <dboondocksaint@yahoo.com>; saveindianfamily <saveindianfamily@yahoogroups.com>
Sent: Thursday, 30 July 2015 10:11 PM
Subject: Re: 498A Steps

Consider the following scenarios in criminal trial and tell if they are possible.

1. Accused only wants to give documentary evidence for defense.
2. Accused wants to give documentary as well as oral evidence but doesn't want to go through cross examination

Akash



[The entire original message is not included.]

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Posted by: Akash K <akaash.mra@gmail.com>
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