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filing of Secondary Evidence obtained as certified copies under RTI


09-Jan-2023 (In Criminal Law)
In a criminal matter of forgery & cheating U/s 420, 504, 506 rw 34 of the Cr Pc, the complainant submitted certified copies of unregistered but notarized sale agreements signed by the accused which were obtained from various Government offices like the Municipal Corporation, the Shop Licensing authorities , the MSEB, the State Excise department etc to prove that the forgery has been committed by the accused person since he has sold crores of parental properties without the consent of the Complainant who was the legal share holder. The accused advocate objected to acceptance of secondary evidence by the court ( since they were not originals) during the examination in chief though they are on Court record. The complainant moved an application under section u/s 63 r/w 65 of the Indian Evidence Act that secondary evidence must be accepted during the examination in chief of documentary evidence Can the Magistrate reject the applicant or should it accept it?
Answers (1)

Answer #1
971 votes
Yes, you are absolutely right in making such an application. Judge is duty bound to accept such application of your's & to allow you to continue with your Examination in Chief if you can prove out that whatever certified copies you have put on record as a Complainant for the Examination in Chief are the copies of the Original unregistered norarised sale agreements executed between the accused and the victim purchasers.
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