Back
GURVINDER SINGH GILL
Kalyani Singh – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Mr. Gurvinder Singh Gill, J.
The petitioner, in addition to assailing the commitment order dated 4.2.2023 (Annexure P-1), assails the following four orders passed by learned Special Judicial Magistrate, CBI, Chandigarh, all of which pertain to furnishing of copies of 'relied-upon' documents as well as 'un-relied' documents, in compliance of provisions of Section 207 Cr.P.C. :
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 ....
Section 207 of the Cr.P.C. requires prosecutors to supply only 'relied upon' documents, denying access to 'unrelied upon' materials at this stage without prejudice to the accused's rights.
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to 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.
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
Accused cannot obtain copies of statements recorded under Section 164, CrPC, before filing of charge-sheet, despite them being public documents under Section 74 of the Evidence Act.
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
