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need judjements regarding submiting defence evidence in 498a 
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Joined: Sun Apr 05, 2015 5:34 pm
Posts: 3
i am accuced 1 in 498a case "cc430/09 in Additional Junior Civil Judge, Addanki, andhra Pradesh."
sineario:
pw1 has stated i had traveled from chennai to her maternal home on 13/1/2009 and threatned her & her father for aditional dowry
i have summoned attendance register from the college where i was working in my defence,(i am no longer working there)
attendance has my initals on said date,
procetution during cross of DW1 asked a leading question that the initals of said date differ from my other initals, for which DW1 answered " it seems so, but he is not sure"
to support my evidence i obtained court certified copies of attendance sheets and obtained expert opnion from truth labs chennai that "the initals of the said date agree consistantly with other accepted initals"

now APP is objecting to accepting as evidence the expert opnion submited by me

i am requesting to you learned experts for your esteemed Counsel in the following queries
1) can APP object to defence filing evidence
if yes to what extent
if no how can i object her interferences (under which clause)

2) can private expert opnion be accepted atleast as secondary evidence (APP's main objection is that expert opnion is from private person & not gov forensic labs.)
if yes is there any supreme court judjements which have used private expert opnion. kindly help
3)i belive there is a supreme court judgement that stressed " all evidence has to be accepted & i they are irrelevent they may not be relied while passing judgement" i saw the judgement while browsing net few years ago, now i am not able to locate it despite my earnest effort, kindly help me with any link for such citations
4) under which claused can i plead my need to add my evidence into the list

thanking you for your valuble advise
upendra


Wed Feb 22, 2017 7:53 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
In 498a cases the accused never put forth any evidence as defense. It is only the prosecution that has to prove the allegations beyond. Reasonable doubt.
If accused wants to put forth evidence, they have to call witnesses would support their case. In the case like yours where u want the truth lab report to be taken as evidence, check if the said truth labs is authorized by government to conduct the tests or it is a private agency. Some truth labs in A.P. such as the truth lab opposite to KBR park, banjara hills are authorized by govt and the reports given by them are admissible in evidence and they appear in court if required by the court.

In addition to bringing the report on record, it would be acceptable only if the person who conducted the examination of the initial and gave report must be called as witness. Then only it is value as evidence. The person to be called thru court summons.


Wed Feb 22, 2017 2:58 pm
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Joined: Sun Apr 05, 2015 5:34 pm
Posts: 3
thank you, ganeshrao
it is the branch of truth labs HYD, they have branch in banglore aswell

i want the judgement to read as " as defence has proved their Innocence" instead of " as procetution has failed to prove"
so that such judgement can be usefull in dicorce case aswell as maintanence case
the judgement of the second type will not be of any help in other cases
hence, I am trying all I can

can you help me with any documentation that can establish that the truth labs is authorized by govt and the reports given by them are admissible in evidence, atleast could you suggest how i can get such documents
thank you,


Thu Feb 23, 2017 8:02 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
The court will not give judgment as u stated, even the S.court does not state like that.

Regarding the truth labs, we find many newspaper cuttings in Hyd. Office that they are authorized and would come to give evidence. I had taken one report from Hyd. Truth labs but was not required to submit to court.


Fri Feb 24, 2017 6:32 am
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Joined: Sun Apr 05, 2015 5:34 pm
Posts: 3
thanks again ganeshrao
for your views,

if what you say is true about wordings of court judgements,

yet still i will try to mark as many defence evidences as possible & then apply for 340 perjury aginst my wife

a judgement in my favour by any higher court for 340 will be a big help
even if it fines just 1re on my wife, still it will be a big help

thank you again

i am trying to argue that experts are experts & IEA dosenot refer any whers that experts have to be in employment of gov labs

arguement is on 4/3/17 i will post any devolopments


Fri Feb 24, 2017 7:35 pm
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