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N. K. CHANDRAVANSHI
Mahatarin Bai, W/o Bir Singh – Appellant
Versus
State of Chhattisgarh, through the Police Station, Rajnandgaon (C. G. ) – Respondent
ORDER :
1. Proceedings of the matter have been taken-up through Video Conferencing.
2. This revision petition has been preferred challenging the order dated 6.4.2021 passed by Learned Court of Additional Sessions Judge, Khairagarh, District Rajnandgaon in Sessions Trial No. 27/2020 [State of Chhattisgarh v. Mehatarin Bai] whereby the Court below has dismissed the application filed by the Applicant under Section 91 of the Code of Criminal Procedure, 1973 (henceforth 'Code”).
3. Briefly stated facts of the case as narrated are that the applicant is an accused under Section 302 of the Indian Penal Code. She has moved an application under Section 91 of the Cr.P.C. before the trial Court calling for documents i.e. statement of witnesses recorded during merg enquiry with regard to Merg No. 25/2020 registered at Police Station Chhuikhadan, District Rajnandgaon, which according to the applicant are an important and relevant documents and also vital piece of evidence for her defence.
4. The court below, vide impugned order dated 6.4.2021, has rejected the application under Section 91 of the Cr.P.C. holding that the said documents are part of case diary and not of charge sheet and copy of the c
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....
Production of additional evidence – For sake of speedy trial, there should not be denial of justice or grave miscarriage of justice.
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
Point of law: Quash of order - it is not upon accused to disprove their case or to show who the guilty is, and the entire Durden of proving the guilt of accused beyond reasonable doubt would be sole....
The admissibility of electronic evidence in criminal trials is crucial for ensuring a fair defense, and the right to confront witnesses with relevant evidence is fundamental to the pursuit of truth i....
The court emphasized the fundamental right to defend oneself and the necessity of preserving evidence for a fair trial, allowing the summoning of call data records and related documents.
Point of Law : very object of enactment of Section 161 of the Cr.P.C. and Section 145 of the Evidence Act is to create a right in the accused to make use of the previous statements of the witnesses f....
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 ....
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