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A. BADHARUDEEN
PRABHAKARAN S/O NARAYANAN – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the 'BNSS') by the accused in SC 1154/2023 on the files of the Special Court-II under the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) Manjeri, aggrieved by Annexure-3 order whereby an application under Section 91 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C.) filed by the accused seeking production of personal diary/note book in KPF 59 pertaining to PW2 Razia Bengalath, Sub Inspector of Police, Malappuram Vanitha Police Station during the relevant time, was dismissed by the Special Court.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.
3. According to the learned counsel for the petitioner, as per Section 233(3) of Cr.P.C. if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or f
The necessity of documents for trial must be clearly stated in the application; failure to do so justifies dismissal under Sections 233(3) and 91 of Cr.P.C.
The court affirmed that the discretion to recall witnesses for clarification is essential for ensuring justice in criminal proceedings.
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....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
(1) Documents which were not part of charge-sheet, but seized by investigating agency during investigation of offence, cannot be withheld by prosecution merely on the ground that documents sought to ....
The summoning of documents under Section 91 of Cr.P.C. can be done at any stage of the trial and is not limited to the defense stage.
The court emphasized the necessity of allowing applications under Section 233 Cr.P.C. to ensure a fair trial, particularly in serious criminal cases.
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....
The court established that applications to summon evidence must be granted unless proven to be for vexation or delay, affirming the right to substantiate a defense with relevant documentation.
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