Back
HIGH COURT OF DELHI
NAVEEN PANCHAL – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. A Petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner/accused for setting aside/modification of the Order dated 29.05.2023 vide which the learned ASJ has dismissed his Application under Section 294 Cr.P.C. for admission and denial of the document/pen drivecontaining the conversations between the prosecutrix and the brother of the accused.
2. The petitioner has submitted that on the statement of the prosecutrix, FIR No.604/2022, under Section 376 of IPC, at P.S. Keshavpuram, has been registered against him. It is claimed that before the registration of the FIR,there have been conversations between the prosecutrix and his brother as well as cousin, wherein she has made demands for money from his brother as well as the cousin for not getting this aforesaid false case registered against the petitioner. These conversations were recorded by his brother and cousin in their respective mobile phones and now stored in a pen drive, are sought to be produced before the learned Court to confront the prosecutrix during the trial. It is asserted that it is a material piece of admissible evidence belying the entire case of the prosecuti
Documents cannot be admitted before framing of charges unless their genuineness is established; Section 294 Cr.P.C. allows for admission/denial of evidence post-charge framing.
An accused person cannot claim de novo trial as a matter of right, except in exceptional circumstances where the defence counsel's representation falls below an objective standard of reasonableness.
No formal proof of certain documents – Court has to appreciate, analyse and test creditworthiness of evidence led by prosecution which is available on record and if such evidence beyond reasonable do....
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....
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
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:Discharge petition - jurisdiction under Section 91 of the Code when invoked by accused, the necessity and desirability would have to be seen by the Court in the context of the purpose in....
The certificate under Section 65-B of the Evidence Act must accompany the electronic record when it is produced in evidence, and the prosecution is obligated to supply all documents upon which relian....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
