Back
SHARAD KUMAR SHARMA
Swetabh Suman – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. The applicant, in the instant C482 Application has put a challenge to the judgment/order dated 04.07.2023, which is said to have been passed in Criminal Revision No. 70 of 2023, Dr. Swetabh Suman vs. State of Uttarakhand, as it has been rendered by the Court of Additional Chief Judicial Magistrate, II, Dehradun in Criminal Case No. 2724 of 2022, State vs. Swetabh Suman, which were the proceedings, being carried against the present applicant, for trying him for the offences under Sections 13(1)(e), Section 13(2) and Section 11 of the Prevention of Corruption Act, 1998, as well as Section 109 of IPC, which, at present, is pending trial before the Court of Additional Chief Judicial Magistrate, II, Dehradun.
2. By virtue of the impugned order, which has been put to challenge, the Court of Additional Chief Judicial Magistrate, II, Dehradun, had proceeded to permit the State to lead its evidence by way of secondary evidence by taking on record the photocopies of certain documents, which were required to be taken into consideration for the purposes of an effective adjudication of the aforesaid Sessions Trial.
3. Brief facts of the case are, the applicant
The admissibility of photocopies as secondary evidence is subject to the conditions provided under Section 65 of the Indian Evidence Act, and the prosecution must prove that the original documents ha....
Documents presented as secondary evidence must satisfy foundational requirements and cannot be admitted without proper explanation for the non-production of originals.
Secondary evidence under Sections 65-B and 65-C of the Indian Evidence Act requires proof of loss or unavailability of original documents; mere marking of documents does not equate to their proof.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
Secondary evidence is only admissible under specific conditions outlined in Section 65 of the Evidence Act; blanket permission for secondary evidence without details of missing originals is erroneous....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
