Legal Question in Criminal Law in India

In a case 420,294,506 (Advised by DPO Dt. 29.05.2009) presented by SDOP,

After a civil case(Ordered by District Judge Dt.06.10.2008 presented by Accused against FARIYADI),

Charged (467,468,471,406,244,506-II,SC/ST Act 3(1)(x) Dt. 24.08.2011 by Session court,

Some documents submitted by Accused to defend himself at charge stage,

1. One of these documents Dt.30.11.2005 (written to THANA INCHARGE by FARIYADI's daughter,

(who also blamed another case in past, 376 against Accused six year's before) is that clearly indicate : that the aforesaid vehicle(MAIN DISPUTE) is sold to Accused by her father(FARIYADI),

2. Another one document is a affidavit Dt.19.11.2008 made by (One of A Police Witness suggested by Accused) clearly indicate that " A statement Dt.15.09.2008 (Given in Civil Court made by another witness in this criminal case 420,294... ) is FALSE or LIE,

3. One of these documents (A Police statement Dt. 09.01.2006 signed by FARIYADI in 376 case against Accused) which was clearly indicates that the "Time" said by Fariyadi is different in many statements, Even civil case statement given by him about any kind of IPC's 294,506-II or SC/ST Act or 420 or the starting of this criminal case 420,294... - A application made & presented by FARIYADI Dt. 01.11.2008 is totally FALSE or LIE,

Plz Note : Civil Case k order Dt.06.10.2008 me b saaf likha gaya h ki "Prativadi(FARIYADI) ko koi dhoka diya yah siddh nahi h. (This is the main base presented by prosecution)

Is these document sufficient to defend himself at charge stage in a revision appeal pending in High Court presented by Accused???

In advance Many Many thanx for ur any advice related to this case....

with regards

xxx


Asked on 10/07/11, 12:09 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

During trial, an accused may evidence only at the stage contemplated by Cr.P.C. i.e. after completion of prosecution evidence.

However, you may confront the concerned witnesses with their previous statement during their evidence.

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Answered on 10/07/11, 10:34 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Nahar

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Answered on 10/08/11, 1:04 am


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