M.P.SAXENA, B.N.KATJU, J.P.CHATURVEDI
SADDIQ – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THE question that has been referred to us for decision is: can an injury report filed by the prosecution which has been admitted to be genuine by the accused, be read as substantive evidence under Section 294 (3), Cr. P. C. ?
( 2 ) SECTION 294, Cr. P. C. runs as follows:
294 (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) The list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person by whom it purports to be signed: provided that the Court may, in its discretion, require such signature to be proved.
( 3 ) THE word document is not defined in the Code of Criminal Procedure, but in view of Section 2 (y), Cr. P. C. words and expressions used in the
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