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A. BADHARUDEEN
Muhammed Ramees – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
A. BADHARUDEEN, J.
In this Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in S.C.No.1042/2019 on the files of Fast Track Special Court, Perinthalmanna, assails Annexure-A2 order, whereby the learned Special Judge dismissed C.M.P.No.306/2021 in the above case filed by the petitioner seeking to furnish a copy of the pen drive seized by the investigating officer on 27.04.2018, still photos seized on the same day, voice messages and chattings in the WhatsApp through mobile phone seized on 11.05.2018 and 02.06.2018 on the allegation that the said documents were not furnished to him.
2. The prosecution side opposed the petition mainly contending that the visual contents asked for contain physical evidence of commission of the crime and therefore, furnishing a copy of the said documents and the material objects to the petitioner would amount to further insult to the victim.
3. The trial court relied on the decisions, placed by both sides, of the Apex Court reported in [2019(4) KLT 853], Gopalakrishnan @ Dileep v. State of Kerala; [AIR 1996 SC 1393], State of Punjab v. Gurmit Singh & Ors.; [2004 (1) SCC 475], St
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 court established that the accused's right to fair trial includes access to unmasked prosecution records, balanced against the need to protect the victim's identity.
Accused have the right to access a transcript of the victim's Audio/Video Recorded Statement to ensure a fair trial and effective defense.
The main legal point established in the judgment is that statutory provisions and directions issued by the Supreme Court provide adequate safeguards to protect the interests of victims of sexual offe....
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 ....
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.
Unauthorized access to evidence in court custody constitutes a violation of privacy rights, necessitating an inquiry to uphold the dignity and fundamental rights of the victim.
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