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AJAI KUMAR SRIVASTAVA I
Varun – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home, Lko. – Respondent
JUDGMENT :
1. Heard Sri Shailendra Singh Rajawat, learned counsel for the applicant, Sri Rajesh Kumar Singh along with Sri Alok Saran, learned A.G.A. for the State and perused the entire record.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant for challenging the impugned order dated 09.09.2022 passed by the learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Court No.11, Lakhimpur Kheri rejecting the application submitted by the applicant under Sections 231(2), 207 Cr.P.C. in Special Sessions Trial No.164 of 2019 arising out of Case Crime No.705 of 2018, under Sections 307, 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri.
3. Learned counsel for the applicant has submitted that the C.D. regarding alleged information given by the first informant to the Investigating Officer, Ex. SA-2 is not admissible in evidence as no certificate as required by Section 65B(4) of Indian Evidence Act has been furnished.
4. Learned counsel for the applicant has further submitted that the object behind incorporation of Section 207 Cr.P.C. is to enable the accused to defend himself properly and it is achieved only by supplying of vi
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.
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.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
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 ....
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