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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Nikhil Vinayak Narule – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Heard learned counsel Shri Atul Rawlani for applicants and learned Additional Public Prosecutor Shri M.J.Khan for the State.
2. By this revision, the challenge has been raised to order dated 27.6.2024 passed below Exh.113 by learned Extra Joint District Judge and Additional Sessions Judge (Special Judge, POCSO Court), Nagpur in Special Criminal (Child) Case No.482/2022 whereby the application moved by the applicants (the accused) for supplying a clone copy of the data available in Pen-Drive submitted by the Investigating Officer having statement of the victim.
3. Learned counsel for the accused submitted the clone copy (transcript of the statement recorded by the Investigating Officer in the nature of Audio/Video Recording) of statement be provided to the accused to allow them by giving a fair opportunity to confront the said statement to the witness in view of Section 145 of the Indian Evidence Act. It is contended that though the prosecution supplied him copy of the statement in a Pen-Drive, the Audio/Video Recording itself shows that the police officer who recorded the said statement has also reduced it into the writing and the accused has right to have a copy of the
Accused have the right to access a transcript of the victim's Audio/Video Recorded Statement to ensure a fair trial and effective defense.
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.
The court established that victim privacy must be protected even while ensuring the accused's right to a fair trial, allowing only inspection of sensitive evidence.
In criminal trials, documents relied upon by the prosecution should generally be supplied to the accused, but exceptions exist in cases involving privacy or identity issues, where the accused may be ....
The right to privacy must bow down to compelling public interest, and certification under Section 65-B of the Act is needed when the recording is to be produced in trial as evidence.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
The accused's right to a fair trial necessitates the provision of original form evidence, including electronic recordings, as per Section 207 of CrPC.
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