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Submission of new documentary evidence to appeal court.How to proceed?


28-Apr-2023 (In Criminal Law)
Sir our lawyer had failed to produce important documentary evidence in trial court because of which my brother got convicted in trial court. We have appealed to higher court and now my brother is on bail. Is it possible to submit new documentary evidence to the appeal courts which our lawyer had failed to produce in the trial court? Is there any possibility for retrial for submission of documentary evidence in retrial?
Answers (2)

Answer #1
620 votes
Yes. You can file the documentary evidence in sessions court when matter comes for appeal. In criminal case as and when evidences are discovered the case can be committed for retrial or be dismissed.
Answer #2
564 votes
yes it must be argued in the appeal along with the reason for non-filing of such documentary evidence at the time of trial must be explained and you can produce the same documentary evidence at the time of appeal and the court may order re-trial of the case then only

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