that the documents have been lost. If
it was so, they could have produced the certified copies of
the documents to establish the relationship ... Indian Evidence Act. Therefore, such document which is
unmarked and is a xerox copy cannot be looked into for any
purposes. In that view
before the Special Court (in seisin of the
predicate offences) seeking copies of documents. These
petitions were partly allowed by the Trial Court ... order of the Trial Court disentitling ED to certified copies
of the unmarked documents, ED filed petitions under
Section 482 of the Code before
theft of
energy and he has taken the court to the unmarked
document i.e., revenue report which is stated to have
been procured ... abstract of calculation of theft of energy and another
document which is unmarked xerox copy of revenue
14
report. Upon perusing the report which
deceased was shown as 65 years. But the tribunal
relying upon unmark document has taken, the age of
the deceased at 73 years, which ... deceased has shown as 65 years. The tribunal relying
on the unmark document i.e. ID card issued by the
Food, Civil Supplies and Consumer
recorded the statement of all the
witnesses so also gathered the necessary documents and
laid the charge-sheet against the accused before the
Special Court ... produced certain
documents, in support of his defense. Since, they were
not originals/certified copies, they remained unmarked.
6. Subsequently, after assessment of the oral
witnesses regarding the said
documents within a time bound period of two months from
the date of receipt of the copy of the said order ... produced SSLC marks card of the victim-girl, the said
document remained unmarked as an Exhibit. Accordingly,
after complying the directions of the Co-ordinate
stated that, all the carbon copies have been
retained by him and all original documents which were with him were
taken away by the plaintiff ... very much
available to summon documents. But defendant No.1 has produced
photocopies and carbon copies of the documents and has not made
any attempt
1339 OF 2019
17.07.2015. However, this document is also not marked.
From the unmarked documents, it is evident that the
legal notice sent ... complainant has failed to get these documents marked
and consequently, as held in Mani, the unmarked
document cannot be looked into.
19. Now the next
piece of evidence. In this regard
he submitted that the copy of the judgment in LAC
476/2013 was produced before the reference court ... when the evidence was being recorded and
therefore relying on an unmarked document was
totally contrary to the norms laid down by the
Supreme Court
piece of evidence. In this regard
he submitted that the copy of the judgment in LAC
476/2013 was produced before the reference court ... when the evidence was being recorded and
therefore relying on an unmarked document was
totally contrary to the norms laid down by the
Supreme Court
