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RAKESH MOHAN PANDEY
Rambharoas Chouhan S/o Late Shri Bhola Chouhan – Appellant
Versus
State Of Chhattisgarh through P. S. Chakradhar Nagar – Respondent
ORDER :
1. The petitioner has filed this petition challenging the order dated 25.09.2023 passed by the Additional Sessions Judge FTC, Raigarh in Sessions Case No. 60 of 2022 whereby an application moved by the petitioners/accused under Sections 207 and 208 of the Cr.P.C. has been rejected.
2. The facts of the present case are that the petitioners are being tried for the offences punishable under Sections 302, 459, 376, and 511 read with Section 34 of IPC pertaining to the FIR No. 329 of 2022 registered at Police Station Chakradharnagar, District Raigarh.
3. From a perusal of the charge sheet, it is apparent that article No. 19 is a 16GB pen drive containing the CCTV footage of 14.06.2022 from 8:51 am to 2:30 pm installed at house of one Naresh Patel, article No. 15 is a 32GB pen drive of SanDisk company containing videograph statements of witnesses recorded on 17.06.2022 and article No. 22 is a CD containing videograph statements of witnesses which were submitted before the learned Judicial Magistrate First Class, Raigarh along with the charge-sheet.
4. The learned Trial Court framed charges and thereafter the case has been fixed for recording evidence of the witnesses. The petitioners
Furnishing of documents to accused under Section 207 Cr.P.C. is a facet of right of accused to a fair trial enshrined in Article 21 of the Constitution of India and it is duty of Magistrate to pass a....
The accused is entitled to document disclosure under Section 207 of Cr.P.C. for a fair trial, including materials not necessarily relied upon by prosecution.
Documents referred to in the charge sheet and deemed to have been relied on by the prosecution should be supplied to the accused, as per Section 207 of the Code of Criminal Procedure, regardless of w....
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
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