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2016 (9) TMI 1526 - HC - Indian LawsOffences punishable under Sections 354A/354D IPC and Sections 10 and 12 Protection of Children from Sexual Offences (POCSO) Act - documents were not placed with the charge sheet by the investigating officer - entitlement to copies of documents relating to internal enquiry 207 Cr. P. C. - whether the accused is entitled to receive a document collected during the course of investigation but not relied upon by the investigating agency and not forming the part of the documents with the chargesheet? HELD THAT:- Fair trial is a sine qua non for proper administration of justice and thus documents which favour the accused though collected but on the volition of the investigating agency not relied upon, are required to be given to the accused though not under Section 207 Cr. P. C. but under Section 91, 233 and 243 Cr. P. C. The accused is entitled to receive these documents not only at the time of leading defence evidence but also while confronting prosecution witnesses. In the present case though the report of internal enquiry was collected during the course of investigation but not filed with the charge sheet thus, the same cannot be given under Section 207 Cr. P. C. however the petitioner is entitled to the said document under Sections 91, 233 and 243 Cr. P. C. Sections 233 and 243 Cr. P. C. provide that the Court shall issue process compelling attendance of a witness or production of any document or thing unless the Court finds that the application has been made for the purpose of vexation or delay or for defeating the ends of justice. The law on Section 91 Cr. P. C. is clear that the Court or officer in charge of a police station shall exercise the power to ensure production of any document or other things “necessary or desirable” for the purpose of any investigation, inquiry, trial or other proceedings under the Code. Further the necessity and desirability of production of the document has to be seen also keeping in mind the stage at which the power is required to be exercised. In the present case, the petitioner seeks document which is a report of internal enquiry wherein statement of witnesses were recorded. The petitioner would have a right to cross-examine the witnesses by confronting them with their previous statements so recorded. Thus, the limitation imposed by the learned Trial Court by order dated 11th April, 2016 that the documents sought by the petitioner can only be obtained at the stage of defence is incorrect as the said documents can also be used for confronting the prosecution witnesses in case the same include previous statements of the witnesses to be examined. Petition disposed off.
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