1000 TIT BITS ON DISCIPLINE -181
771.. IMPORTANT POINTS TO BE BORNE IN MIND WHILE CONDUCTING THE REGULAR HEARING (RH)
Marking the Documents
Prosecution Documents should be taken on record and marked as Ex. P 1, Ex. P2, and so on, and Defence Documents should be marked as Ex. D 1, Ex. D 2, and so on. Marking should be on Right Hand side, preferably on top of document. Inquiring Authority should sign on each of these documents below these markings in token of authenticity and once these are taken on record, these should remain in the custody of the Inquiring Authority. Under no circumstances custody of these documents should be given to either Presenting Officer or Charged Official except for reference during hearing. (Some Inquiring Authorities mark prosecution documents as Ex. S 1, etc, or Ex. M 1 etc.)
Ex. S 1
(signature of Inquiring Authority with date)
Ex. D 1
(signature of Inquiring Authority with date)
It is suggested that CDls and regular Inquiring Authorities may get RUBBER STAMPS with caption “EX.S—"prepared as this will save time especially where number of documents is large.
Documents, authenticity of which is doubted by the Charged Official, should be taken on record when introduced through a witness(es) i.e. after the disputed documents have been authenticated by witness(es) during deposition.
Defence Documents are normally marked as exhibits when case of defence is taken up. However, there is no illegality if defence documents are marked at this stage with the consent of Charged Official. Advantage of marking defence documents at this stage is that if need arises for their reference by either party during deposition on some issue, these documents which have been marked as exhibits formally can be referred to by either party and can be shown to witness during deposition.
Pre-recorded statements, if any, of witnesses should be taken on record when the concerned witnesses appear in person and confirm the contents of their statement. However, if the Charged Official had earlier admitted the contents of any statement and had intimated that he does not want to cross-examine the person who had made that statement, such a statement can be taken on record without the concerned person appearing as a witness. Pre-recoded statements should also be marked as exhibits as EX.P—, etc. in continuation of listed documents already/earlier marked as explained above.
Carbon copies of any document are considered second original and the same can be marked as exhibits if the authenticity is confirmed by a witness.
Photocopies of any document can be marked as exhibits if their authenticity is confirmed and accepted by the Charged Official.
Cassette/CD/motion picture/photograph can be taken on record and marked as exhibits subject to their authenticity. However, it would be advisable that photographer may be put to cross examination to establish the fact that picture/photograph represents the place/scenario as it stood in the real sense and there is no distortion.
In brief, it is the satisfaction of Inquiring Authority which matters in accepting documents for marking exhibits as he has been given the responsibility of finding truth despite the fact that both the parties will not allow any document to be taken on record, which weakens their case.
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