Back
Gopakumar V. G. – Appellant
Versus
Deputy Superintendent of Police – Respondent
ORDER :
1. The petitioner, accused in Vigilance Crime No. 3/2023/SIU-II, challenges the order dated 21.10.2023 passed by the Enquiry Commissioner and Special Judge, Thiruvananthapuram in C.M.P. No. 1483 of 2023. The petitioner faces charge under Section 7(a) of the PC Act, 1983 (Amendment 2018).
2. The prosecution case is as follows:
3. The case of the petitioner is that the entire story narrated by the Vigilance is against the truth. According to the petitioner, he neve
The accused cannot invoke Section 91 of the Cr.P.C. at the charge framing stage, as the necessity of documents for defense is not relevant at that point.
The accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
(1) Section 91 Cr.P.C. does not confer any right on accused to produce document in his possession to prove his defence.(2) Application under Section 91 Cr.P.C. at instance of accused would lie even a....
Point of law: Section - 91 of Cr.P.C. cannot be invoked against the person accused of an offence and the said Section does not apply to the accused persons and that the Court and Police Officer is no....
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.
At the stage of framing of charge, the court can only consider material produced by the prosecution. The accused cannot invoke Section 91 to prove innocence, unless material of sterling quality has b....
The accused cannot invoke Section 91 during the investigation, but the court or any stakeholder can invoke it at any stage of the 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....
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
