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SUBODH ABHYANKAR
Sunil – Appellant
Versus
State Of Madhya Pradesh – Respondent
What is the appropriate party to file an application to produce additional documents in a sessions trial? What is the status and applicability of Section 242 Cr.P.C. in sessions trials regarding witness-produced documents? What is the correct procedure for admitting additional documents in a sessions trial, and how should witnesses or prosecutors proceed?
Key Points: - The petitioner’s case concerns whether a witness can submit documents not included in the charge-sheet in a sessions trial. (!) (!) - The Court held that Section 242 Cr.P.C. is not applicable to sessions trials, and only the prosecution may submit additional documents; witnesses cannot independently introduce documents. (!) (!) (!) - The appropriate method to bring in additional documents is through the prosecution and via the procedure of further investigation under Section 173(8) Cr.P.C., not by witness-led submission. (!) (!)
ORDER :
1. Heard finally, with the consent of the parties.
2. This petition has been filed by the petitioner under Section 482 of Cr.P.C. against the order dated 14.08.2023 passed by VIII Additional Sessions Judge, Indore in Sessions Trial No.96 of 2022 arising out of Crime No.71 of 2021, registered at Police Station – Mahila Thana, Indore under Sections 376 & 506 of IPC whereby, an application filed by the prosecutrix under Section 242 of Cr.P.C. has been allowed.
3. In brief, the facts of the case are that the petitioner is facing the aforesaid trial under Sections 376 & 506 of IPC, which is at the stage of recording of evidence. During the proceedings, an application under Section 242 of Cr.P.C. has been filed by the prosecutrix along with 43- 45 documents, contending that the police did not file the aforesaid documents due to some error on their part. The aforesaid application was opposed by the petitioner; however, the learned Judge of the trial Court, vide the impugned order dated 14.08.2023, has allowed the application, and the aforesaid documents have been directed to be taken on record with the observations that the petitioner would have the opportunity to rebut the same.
4. S
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
Point of Law : Power of Magistrate to issue summons to any witness on application of prosecution - There is no provision available for a witness to directly seek production of additional documents du....
The court has the discretion to allow the production of documents during the course of evidence under Section 242 of the Cr.P.C., and such allowance does not cause prejudice to the accused.
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....
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 ....
administering criminal justice is a two-end process, where guarding the ensured rights of the accused under the Constitution is as imperative as ensuring justice to the victim.
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....
Point of law: Quash of order - it is not upon accused to disprove their case or to show who the guilty is, and the entire Durden of proving the guilt of accused beyond reasonable doubt would be sole....
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.
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