MANISH SARASWAT Vs. NEERAJ SHARMA & ANR.

JUDGEMENT

(1.) By this petition, a challenge has been made to the order dated 20.1.2010 passed by the trial Court so as the order dated 5.2.2010 passed by the Revisional Court.

(2.) It is a case where petitioner made an application with the prayer that he was cross-examined in reference to the various documents, though were not even exhibited as per the provisions of law. It was prayed that part of the cross-examination cannot be read, thus petitioner's statement should be recorded afresh. The prayer so made by the petitioner was rejected by the trial Court so as by the Revisional Court.

(3.) It is stated by the learned counsel for the petitioner that petitioners application was under Section 31(A)(B) of the General Rules (Criminal) 1980 read with provisions of Evidence Act. Unless the document is marked as exhibit in accordance to the provisions of law, it cannot be read in evidence. Since a document is not marked as exhibit, no cross-examination can be made from the accused in reference to those documents. The aforesaid aspect has been ignored by the Court below.