Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2001 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2001 (2) TMI 590 - SC - Indian LawsUnder-trial prisoner has been facing a record time for reaching culmination of the trial proceedings. Held that:- The practice which can be a better substitute is this: Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. (However, we make it clear that if the objection relates to deficiency of stamp duty of a document the court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed.) We, therefore, make the above as a procedure to be followed by the trial courts whenever an objection is raised regarding the admissibility of any material or any item of oral evidence.
|