HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Harkesh Meena Son of Ramsahay Meena – Appellant
Versus
State Of Rajasthan, through C.B.I represented By Special PP. – Respondent
Order :
ANAND SHARMA, J.
1. By way of filing the instant criminal misc. petition, petitioner has assailed the legality, validity and propriety of the order dated 30.01.2024 passed by Special Judge, CBI No.4, Jaipur Metropolitan-I, Jaipur, and has prayed for a direction against CBI to provide exact clone copies of memory cards labelled as VR, VR- 1 & MC in different memory cards as it was recorded and provide transcription of whole recordings recorded in the above memory cards.
2. Facts in brief are that pursuant to FIR lodged against the petitioner under the provisions of Prevention of Corruption Act, 1988, petitioner is facing trial before the Court of Special Judge CBI No. 4, Jaipur Metropolitan-I.
3. At the time of filing of charge-sheet in the aforesaid case, a copy of charge-sheet and documents was provided to the petitioner and accordingly, trial proceeded further after framing of charges.
4. The petitioner has come out with a case that while filing charge-sheet, the prosecution agency-CBI has not provided copy of the documents in the exact form, in which it was relied upon by the CBI for the purpose of proving the alleged recordings of incidents regarding trial. Although, it has
P. Gopalkrishnan Alias Dileep Vs. State of Kerala and Anr. reported in
The accused's right to a fair trial necessitates the provision of original form evidence, including electronic recordings, as per Section 207 of CrPC.
Accused have the right to access a transcript of the victim's Audio/Video Recorded Statement to ensure a fair trial and effective defense.
Prosecution must provide relevant evidence in proper format to the accused for fair defense during a trial.
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 ....
Furnishing of documents to accused under Section 207 Cr.P.C. is a facet of right of accused to a fair trial enshrined in Article 21 of the Constitution of India and it is duty of Magistrate to pass a....
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