AI Overview...
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Prosecution Cannot Pick and Choose Documents and Statements - The prosecution is legally obliged to provide the accused with all relevant statements, witness testimonies, and documents necessary for a fair trial. Selectively withholding or refusing to supply these materials violates statutory rights and impairs the accused’s right to a fair defense State of Tripura VS Ranjit Debbarma - Tripura, Col. S. J. Chiwdhary VS State through C. B. I. - Crimes, S. J. CHOUDHARY VS STATE (CENTRAL BUREAU OF INVESTIGATION) - Delhi, S. M. Dubash, Chairman, Indian Lead Pvt. Ltd. . VS V. M. Bhosale, Air Pollution Control Officer of Maharashtra Pollution Control Board - Bombay, Ashutosh Verma VS CBI - Delhi, Prabhu VS State by Rural Police Station, Bidar Rural - Crimes, LEENA KRISHNA KAKATI AND 2 ORS vs THE STATE OF ASSAM - Gauhati.
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Right to Fair Trial and Equality of Arms - Courts have consistently emphasized that the accused must have access to all evidence, including contradictory witness statements and statements of witnesses, to effectively challenge the prosecution's case. Denying access constitutes a violation of principles of fairness and due process Ramesh s/o. Wamanrao Babhulkar VS State of Maharashtra - Bombay, Swami Ram Dass Bandhu VS State of Haryana - Himachal Pradesh.
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Prosecution’s Limitations and Sanctions - The prosecution cannot selectively prosecute or withhold evidence based on convenience or bias. Additionally, for corporate prosecutions, specific sanctions are required, and authorities cannot delegate prosecutorial powers improperly S. M. Dubash, Chairman, Indian Lead Pvt. Ltd. . VS V. M. Bhosale, Air Pollution Control Officer of Maharashtra Pollution Control Board - Bombay.
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Court’s Rulings and Judicial Principles - Courts have upheld that failure to supply necessary documents and statements undermines the fairness of proceedings. The prosecution's obligation is statutory, and courts have reinforced that accused rights cannot be compromised by prosecutorial discretion State of Tripura VS Ranjit Debbarma - Tripura, Col. S. J. Chiwdhary VS State through C. B. I. - Crimes, LEENA KRISHNA KAKATI AND 2 ORS vs THE STATE OF ASSAM - Gauhati.
Analysis and Conclusion:
The collective insights from the sources affirm that the prosecution is legally bound to furnish the accused with all relevant evidence, including witness statements and documents, to ensure a fair trial. They cannot selectively withhold evidence or pick and choose which materials to disclose. Failure to do so violates statutory provisions under the Criminal Procedure Code and related laws, undermining the principles of fairness and justice. Courts have consistently held that the accused's right to access evidence is fundamental, and any breach can lead to the quashing of proceedings or acquittal.
Search Results for "Prosecution Cannot Pick and Choose the Accused"
2016 0 Supreme(Tri) 69 • India - Tripura
DEEPAK GUPTA
The State sought to withdraw the prosecution against 6 accused persons, citing their surrender and intent to lead a normal life. ... Issues: The withdrawal of prosecution against accused persons and the subsequent filing of a supplementary charge-sheet against ... of only one accused. ... The learned Additional Sessions Judge has rightly held that the prosecution cannot#HL_END....
• India - Crimes
JAGDISH CHANDRA
Indian Evidence Act, 1872-Section 145-Indian Penal Code, 1860-Sections 120Bj302- Explosive Substance Act -Sections 3, 4 and 6 - Accused ... against under Section 482 Criminal Procedure Code-Whether decision of the Magistrate on these points correct for non supply to the accused ... Raghavan etc.1, as follows: "The prosecution cannot pick and choose and refuse to supply to the a....
1994 0 Supreme(Bom) 285 • India - Bombay
V.S.SIRPURKAR
The court emphasized that the accused is entitled to all statements of witnesses for the prosecution, including dying declarations ... The prosecution alleged abetment of suicide against the accused, who was facing trial for offenses under sections 498 and 306 of ... Ratio Decidendi: The court held that the accused is entitled to all statements of witnesses for the prosecution, includin....
1984 0 Supreme(Del) 21 • India - Delhi
JAGDISH CHANDRA
Criminal Procedure Code-Whether decision of the Magistrate on these points correct for non supply to the accused ... J. 1373 as follows :- ... "the prosecution cannot pick and choose and refuse to supply to the accused the copies ... ) then the accused cannot be deprived of the copies of those statements. ... The decision of the learned magistrate on ....
1995 0 Supreme(Bom) 214 • India - Bombay
R.G.VAIDYANATHA
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 - SANCTION FOR PROSECUTION - SECTION 43 - SANCTION FOR PROSECUTION OF COMPANY ... The Board had to specifically sanction the prosecution of individuals. ... DOES NOT INCLUDE DIRECTORS AND OFFICERS - BOARD MUST SPECIFICALLY SANCTION PROSECUTION OF INDIVIDUALS. ... The authority and power of the Board cannot be delegated to an officer to pick#HL_....
2004 0 Supreme(HP) 327 • India - Himachal Pradesh
LOKESHWAR SINGH PANTA, R.L.KHURANA
Finding of the Court: The court found that the prosecution failed to prove the offence beyond a reasonable doubt. ... The accused denied the allegations and claimed to have been falsely implicated. ... The court highlighted the importance of providing the accused with all witness statements, including contradictory ones, to enable ... Raghavan etc., 1974 Cr.L.J. 1373 as under : "The prosecution cannot #....
2017 0 Supreme(Bom) 927 • India - Bombay
S.S.SHINDE, S.M.GAVHANE
When she demanded the money back, the accused poured kerosene on her and set her on fire. ... 302 of the Indian Penal Code - 32 - 34 - 304 Part II Fact of the Case: The deceased had illicit relations with the accused ... Issues: The issues revolved around the credibility of the dying declaration, the conduct of the accused, and the location ... It is submitted that, the contents of the dying declaration are required to be taken as a whole....
2014 0 Supreme(Del) 2562 • India - Delhi
VED PRAKASH VAISH
of an appraisal report to favor a co-accused. ... The petitioner demanded and accepted illegal gratification and was arrested during a secret meeting with co-accused persons. ... The court held that the accused is entitled to all statements and documents necessary for a fair trial, and failure to provide such ... L.J. 1373 as follows:- ... ‘The prosecution cannot pick and choos....
• India - Crimes
Anand Byrareddy
, who, according to the prosecution, were ruthless dacoits, even if cannot be ruled out, the presumption that it was so and to pick ... which cannot be permitted. ... and choose statements of the witnesses while ignoring the negative answers of the witnesses, would lead to a dangerous situation ... , who, according to the prosecution, were ruthless dacoits, even if cannot#HL_EN....
• India - Gauhati High Court
MRS. JUSTICE RUMI KUMARI PHUKAN, J
... ... Ratio Decidendi: The court established that it is essential for the prosecution to provide all relevant documents to the ... accused to ensure a fair trial, emphasizing statutory obligations under the Code. ... (A) Criminal Procedure Code, 1973 - Sections 207 and 482 - Provision for furnishing of documents to accused - Court discusses the ... L.J 1373 , that the prosecution cannot pick#....
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