convicted by lower court

[ravan lankesh]

Respected sir,
i am state govt employee. in a corruption case learned court prove guilty hold and punished with 5 year RI and 10000 fine in section 7 & 13(I)(d), now case is pending in HC. Now, my question is that complainant was also a govt. employee and he was dismissed from services in a corruption case. can i put his dismissed details in the high court as a evidence. He given money to me putting in file and caught by vigilance red handed forcefully. complainant was recording my audio call and he produce it in a CD as a evidence, but this CD was not certified by FSL. To kya sir high court audio call ko valid manti hai. or sir jis kaam k lye vo paise de rha tha vo mere pass us type ka koi b charge nhi tha. m only other fields work handle krta tha. pure case m khi pr b bribe demand prove nhi huyi hai only 5000 ki recovery huyi h mujse… to kya sir high court mere favour m rahegi.

[Dr. Ashok Dhamija]

Firstly, you can adduce all such evidence that can prove your innocence. All relevant facts in the case are admissible in evidence.

But, evidence is required to be given during trial in the trial court. You should have given all such evidence (which can help to prove you innocent) in the trial court itself.

If you have given such evidence but the trial court has not considered it favourably, then you can definitely highlight it in your appeal in the high court.

But, if you have not given such evidence in the trial court, then generally it is very difficult to adduce new evidence during the appeal stage before the high court. However, you can try to convince the high court with the help of Section 391 Cr.P.C. which is reproduced below:

“391. Appellate Court may take further evidence or direct it to be taken.— (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.”

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[ravan lankesh]

Respected Sir,
I am very thankful to you for previous answered. also requesting you kindly guide about audio recording, is this type of recordings are admissible by high court. because the audio CD is not certified by FSL, and i denied for voice sample at that time.

[Dr. Ashok Dhamija]

Audio recordings are, generally speaking, admissible if they relate to relevant facts. However, the question is whether such recordings are reliable and how much weight can be placed on them. This would depend on the proof that you may have to give about their genuineness and identification of the voice and also that the audio recordings have not been manipulated.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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