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PRAKASH D. NAIK
Arun Gulabrao Gawli – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - The appellant sought a copy of approver Sudhir Ghorpade's statement recorded during investigation while he was an accused, but the trial court rejected it citing Sections 25 and 26 of the Evidence Act (!) (!) (!) . - The High Court held that the accused is entitled to the copy of the approver's previous statement for cross-examination to establish contradictions or discredit the witness under Section 145 of the Evidence Act (!) [4000707200012][4000707200021]. - Sudhir Ghorpade was arrested as co-accused, his statement recorded in police custody, later granted pardon under Section 306 Cr.P.C., and examined as P.W.4 (!) (!) (!) (!) [4000707200008]. - Trial court rejected the application as the statement was inadmissible under Sections 25 and 26 Evidence Act, but High Court set aside this order, distinguishing it as a previous statement of a witness (!) [4000707200010][4000707200021]. - The court relied on precedents like Hazara Singh vs. Emperor and others, affirming accused's right to previous statements even if recorded when the approver was an accused [4000707200015][4000707200016][4000707200021]. - Final order directed prosecution to provide the statement copy and allowed recalling P.W.4 for further cross-examination limited to that statement (!) (!) .
JUDGMENT
1. Heard. Admit. Appeal is taken up for hearing forthwith. The question which arise for consideration in this Appeal preferred by the appellant under the provisions of MCOC Act is whether the appellant is entitled for copy of statement of approver recorded during the course of investigation while he was arraigned as an accused.
2. The applicant is aggrieved by the order dtd. 14/2/2020, rejecting the application preferred by the applicant seeking copy of statement of approver Sudhir Ghorpade.
3. The submission of the appellant is that the approver was arrested as accused, and, during the course of investigation, his statement was recorded by the investigating agency. He was thereafter made approver and examined as prosecution witness in the trial, wherein the appellant is tried as an accused. The approver has ceased to be an accused. His statement recorded while he was an accused will have to be treated as previous statement. The appellant is entitled for copy of such statement, to confront the approver by cross examination.
4. According to prosecution the statement sought by the appellant/accused is the statement of the accused and the appellant is not entitled for copy of
The accused has the right to use the previous statement of a witness, including statements recorded by the investigating agency during the course of an investigation, for the purpose of establishing ....
The accused's right to access statements recorded under Section 161(3) is essential for a fair trial, and failure to provide these documents violates procedural justice.
The reliability of witness testimony is critical, especially in murder cases; inadmissible evidence and procedural lapses can lead to wrongful convictions.
The main legal point established in the judgment is the requirement of corroborative evidence in relation to the material particulars of the testimony of an approver and the principle that the accuse....
Statements recorded under Section 164 of the Cr.P.C. are not substantive evidence and can only be used for contradiction or corroboration during cross-examination.
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
Accused cannot obtain copies of statements recorded under Section 164, CrPC, before filing of charge-sheet, despite them being public documents under Section 74 of the Evidence Act.
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