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2001 Supreme(MP) 325

S.C.PANDEY
Govind – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
C.SHARMA, Vikas Pandey,

Judgment

( 1. ) THIS criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the orders dated 4-4-2001 and 17-4-2001 passed by the Addl. Sessions Judge, Sihora in Sessions Trial No. 103/95.

( 2. ) THE facts of this case disclose that the relevant FSL reports of Forensic Science Laboratory, Sagar were filed on 1-8-2000. The were not the originals but were alleged certified copies. Copies of the FSL reported were given to the counsel for the accused persons. No application under Section 79 of the Indian Evidence Act (for short "the Act") was filed on that date. Therefore, it was not known to the accused person on 1 -8-2000 if the prosecution wanted to examine the scientific expert who made the reports for proving the copies. It is on 4-9-2000 an application under Section 79 of the Act for exhibiting the alleged certified copies of the FSL reports was filed. The learned Trial Judge accepted the two reports of FSL, Sagar stating that these certified copies are tendered under Section 293 of the Code of Criminal Procedure (for short "the Cr. PC") and they be marked as Exs. P-27 and P-28. Thereafter the learned Trial Judge went on, and














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