Mr. Ravi Kant
3 years ago
The prosecution has created a document after spot inspection of site. In the next step, they create another document which contains certain portion of the first document. They obtain signatures of witnesses on the second document. The second document is submitted in the court. The witnesses too claim in the court that the contents of the second document are true. But the prosecution hasn't produced nor has claimed about preparation of the first document. Here it is very important that the second document could not be created had they not prepared the first document.
In this case, can the second document be produced as a primary evidence? Can it be called a secondary evidence in absence of the first document whose existence hasn't been claimed at all by the prosecution? If the case has started in trial court, can this evidence be disapproved and the charge sheet be quashed on this ground?
You have to approach High Court which has constitutional powers to declare such second document as null and void and direct the Trial Court to discard such document and proceed to pronounce judgment as if second document not at all produce before the Court. Please discuss.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
without first document, second document have no value.
you can go for quashing.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
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