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2012 (9) TMI 1133 - SC - Indian LawsThe right of the accused to a fair trial - examination of an accused u/s 313 Cr.P.C. - Inspection of certified copies or in the alternative for of certain unmarked and unexhibited documents - the examination of the appellant (accused No.2) u/s 313 Cr.P.C. is going on, While such examination of the appellant was midway and she had answered over 500 questions out of the contemplated double the number, an application was filed by the appellant before the learned trial court seeking certified copies of certain unmarked and unexhibited documents which were claimed to be in the custody of the court on being so forwarded alongwith the report of investigation under Section 173(5) Cr.P.C. the appellant filed application before the learned trial court, seeking an inspection of the said unmarked and unexhibited documents in respect of which the earlier application was filed but rejected. HELD THAT:- This Court do not see as to how the appellant (second accused) can be denied an access to the documents in respect of which prayers have been made in the applications. While the anxiety to bring the trial to its earliest conclusion has to be shared it is fundamental that in the process none of the well entrenched principles of law that have been laboriously built by illuminating judicial precedents is sacrificed or compromised. In no circumstance, the cause of justice can be made to suffer, though, undoubtedly, it is highly desirable that the finality of any trial is achieved in the quickest possible time. In view of what has been stated above and to balance the need to bring the prosecution in the present case to its earliest conclusion and at the same time to protect and preserve the right of the accused to a fair trial we are of the view that the following directions would take care of the conflicting interests that have surfaced in the present case:- (1)The accused No.2, i.e. the appellant herein, be allowed an inspection of the unmarked and unexhibited documents referred to by her in the application filed in the Court of XXXVI Additional City Civil & Sessions Judge, Bangalore; (2) Such inspection will be completed within a period of 21 days from the date of receipt of this order by the learned trial court. The venue of such inspection and also the persons who will be permitted to be present at the time of inspection will be decided by the learned trial court. (3) The right of inspection conferred by this order will not affect the validity of any part of the trial till date, including, the examination of the accused No.1 under Section 313 Cr.P.C. which has since been completed or any part of such examination of the second accused that may have been completed in the meantime. (4) In the event the third and the fourth accused also desire inspection of the unmarked and unexhibited documents such inspection will be allowed by the learned trial court. In such an event the process of inspection will also be simultaneously carried out and completed within the period of 21 days stipulated in the present order.
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