Legal Question in Criminal Law in India
criminal law
is an accused not entitled for notes of evidence ? I have applied for notes of evidence in the case where cross examination of the complainant is pending on July 28, 2008 and till date I didnot receive notes of evidence and on the basis of same reason i did ask for an adjournment.But surprisingly Chief Metropolitan Magistrate of Mumbai,Esplanade,19th court has rejected the application on the grounds of not entitled for notes of evidence.I have been represented by Legal Aid Lawyer? Please advice.
4 Answers from Attorneys
Re: criminal law
What you mean by notes of evidence?
Evidence of a witness is recorded in the open court and is called deposition. Certified Copy of any deposition is available to anybody on payment of necessary charges therefor.
Re: criminal law
your lawyer could have inspected the file and jot down the evidence on record or would have applied for certified copy of the same. the adjournment sought was rightly disallowed.
Re: criminal law
Ask your lawyer to inspect the brief(file) or apply for certified copies
Re: criminal law
You may apply for "inspection of file" and take note of the statements recorded in the court; or copy of any other document that may be available on court file.
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