Accused can use unrelied prosecution documents in trial: Top court
New Delhi, Oct. 1 -- The Supreme Court has held that an accused cannot only inspect documents seized during investigation but not relied upon by the prosecution, but can also have specific documents brought before witnesses during the trial if they are relevant to the defence, settling a contentious procedural issue that has surfaced in several high-profile criminal cases.
A bench of justices JB Pardiwala and K Vinod Chandran said that an accused is entitled to documents available with the prosecuting agency to shape his defence, while clarifying that the stage at which particular documents can be sought would depend on the nature and relevance of the material.
The ruling came in a case arising from an alleged conspiracy between 2010 and 2014 to award consultancy work for the permanent campus of the Central University of Jharkhand, Ranchi, on the basis of allegedly fake documents, causing a loss of nearly Rs.1.92 crore.
CBI had challenged orders directing it to produce several documents sought by accused Anil Dixit under Section 91 of the Code of Criminal Procedure, including documents seized during investigation but not relied upon in the charge sheet. While the accused sought copies of a large volume of such material, CBI told the Supreme Court that the documents were voluminous and offered inspection instead. The court accepted this approach, but made it clear that inspection would not be the end of the matter.
"The accused could examine such documents and seek for production of the specific document required at the appropriate time, when the appropriate witness is being examined either by the prosecution or the defence," it held....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.