Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Paramjeet Singh Grewal - Petitioner
Versus
State of H.P. - Respondent
Cr. Revision No. 480 of 2022 a/w Cr. MMO No. 796 of 2022
Decided On : 08-01-2024
Section 91 - Fair Trial - Cr.P.C. - 164, 376 - 91 - 207, 243 - The accused sought to bring on record the supplementary statement of the victim and the application filed by her under Section 164 of Cr.P.C. The Court held that the accused was entitled to the relevant documents collected during the investigation. The Court emphasized the obligation of the prosecution to make fair disclosure and the accused's right to a fair trial. The judgment highlighted the accused's right to claim copies of documents and the duty of the prosecution to furnish a list of unrelied documents/material seized during the investigation. The Court allowed the application under Section 91 of Cr.P.C. and set aside the order framing the charge, remitting the matter to the Trial Court for consideration of the material afresh.
Fact of the Case:
The victim made a statement to the police alleging that the accused raped her. The accused sought to bring on record the supplementary statement of the victim and the application filed by her under Section 164 of Cr.P.C. The Trial Court dismissed the application and framed the charge against the accused for the offence punishable under Section 376 of IPC.
Finding of the Court:
The Court held that the accused was entitled to the relevant documents collected during the investigation. The Court emphasized the obligation of the prosecution to make fair disclosure and the accused's right to a fair trial. The judgment highlighted the accused's right to claim copies of documents and the duty of the prosecution to furnish a list of unrelied documents/material seized during the investigation. The Court allowed the application under Section 91 of Cr.P.C. and set aside the order framing the charge, remitting the matter to the Trial Court for consideration of the material afresh.
Issues: The issues revolved around the accused's right to bring on record the supplementary statement of the victim and the application filed by her under Section 164 of Cr.P.C., and the Trial Court's dismissal of the application and framing of the charge against the accused.
Ratio Decidendi: The judgment emphasized the accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation. It highlighted the accused's right to claim copies of documents and the duty of the prosecution to furnish a list of unrelied documents/material seized during the investigation. The Court allowed the application under Section 91 of Cr.P.C. and set aside the order framing the charge, remitting the matter to the Trial Court for consideration of the material afresh.
Final Decision: The Court allowed the application under Section 91 of Cr.P.C. and set aside the order framing the charge, remitting the matter to the Trial Court for consideration of the material afresh.
JUDGMENT :
Rakesh Kainthla, J.
The petitioner (accused before learned Trial Court) is aggrieved by the order dated 08.06.2022 passed by learned Additional Sessions Judge, Fast Track Court (POCSO), Shimla H.P, vide which his application under Section 91 of Cr.P.C. for bringing on record the supplementary statement of the victim was dismissed and the charge was framed against him for the commission of offence punishable under Section 376 of Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner in which they were arrayed before the learned Trial Court for convenience).
2. Briefly stated the facts giving rise to the present petitions are that the victim made a statement before the police that the accused called her father on 19.11.2017 to attend the programme being held at Gaiety Theatre. She and her father went to attend the programme. They had a dinner after the programme. The accused told the victim that she should go the Mumbai for modeling with the accused’s daughter. When the victim’s father went away to the washroom for some time, the accused offered the victim a drink. He also obtained her mobile number. He called her subsequently and told her that she could become Diva in 2019. The accused demanded her photographs on 20.11.2017, which he wanted to send to his daughter. The victim sent her photographs. The accused called the victim and said that the Choreographer and modelling Director were sitting with him. He also told the victim that her aunt and maid were also at home. The victim went to the house of the accused after she was assured that her aunt and maid were at home. However, they were not at home. Only the accused and one other person were at home. The accused raped the victim in his home. The matter was reported to the police. The police conducted the investigation and filed a charge sheet before the Court after the completion of the investigation.
3. The accused made an application under Section 91 of Cr.P.C. for the production of the documents taken into possession during the investigation of the case. It was asserted that the accused obtained the information under the Right to Information Act, 2005 and found that the victim had filed an application for getting her statement recorded under Section 164 Cr. P.C. The investigating agency recorded her statement under Section 161 Cr. P.C. and filed the application for getting the statement of the victim recorded under Section 164 of Cr.P.C. The application and the statement were not placed on record. These are essential documents and will not cause any prejudice to the prosecution. Hence, it was prayed that the summons be issued to the Investigating Officer to produce the documents.
4. The application was opposed by filing a reply making preliminary submissions regarding the lack of maintainability. The contents of the application were admitted to the extent that the victim filed an application before the police on 23.08.2018 for recording her supplementary statement. Her statement was recorded on 28.08.2018; however, it was contrary to her statement recorded under Section 154 Cr. P.C. The police also filed an application for recording the statement of the victim under Section 164 of Cr.P.C., but it was not recorded by the Court. The prosecution has also not placed reliance on the supplementary statement made by the victim, in view of it being contrary to the prosecution’s case. The prosecution will have a serious prejudice if the application is allowed; hence, it was prayed that the present application be dismissed.
5. Learned Special Judge held that the matter was listed for framing of the charge. The Court is required to look into the material collected by the prosecution and the accused can rely upon the evidence, which is of sterling and unimpeachable quality. The statement recorded under Section 161 of Cr.P.C. cannot be said to be of sterling and unimpeachable quality because the possibility of the victim being under pressure, dure
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
The accused is entitled to all evidence collected during the course of investigation to build a proper defense, and the denial of necessary evidence to defend oneself would violate the principle of a....
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 ....
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
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....
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
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.
(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 ....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
The accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
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
