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DINESH MEHTA
Rahim Khan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - By this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), the petitioner has challenged the order dated 02.05.2022 passed by the learned Additional District & Sessions Judge No. 1, Barmer (hereinafter referred to as the 'trial Court'), whereby his application under Section 91 of the Code has been rejected.
2. The petitioner is being tried for the offences under Sections 376, 450 and 384 of the Indian Penal Code on the allegation of having committed sexual assault on the prosecutrix.
3. During course of the trial, after commencement of the prosecution evidence, on 05.08.2021, the petitioner moved an application under Section 91 of the Code with an assertion that during the course of investigation, though the Investigating Officer had procured call details between the petitioner and the prosecutrix, but the same has not been placed on record. The petitioner prayed that such call details procured by the Investigating Officer be called for.
4. Learned trial Court rejected petitioner's application inter alia observing that it is for the prosecution to prove its case and the petitioner being accused cannot
The accused has the right to obtain and use call details for his defense and to confront the prosecution's witnesses with relevant questions.
The main legal point established is the importance of allowing applications under Section 91 of the Code to obtain vital evidence and ensure the cause of justice.
The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
The accused cannot invoke Section 91 during the investigation, but the court or any stakeholder can invoke it at any stage of the proceedings.
The power under Section 91 of the Code can be exercised before the delivery of judgment, but the Court may assess the relevance of the requested documents and materials during trial.
Recovery of contraband - Electronic evidence - Call records - Under Section 65A, contents of electronic records can be proved in accordance with the provisions of Section 65B which provides for the m....
The court emphasized the fundamental right to defend oneself and the necessity of preserving evidence for a fair trial, allowing the summoning of call data records and related documents.
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