NAVEEN PANCHAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) A Petition under Sec. 482 Cr.P.C. has been filed on behalf of the petitioner/accused for setting aside/modification of the Order dtd. 29/5/2023 vide which the learned ASJ has dismissed his Application under Sec. 294 Cr.P.C. for admission and denial of the document/pen drivecontaining the conversations between the prosecutrix and the brother of the accused.

(2.) The petitioner has submitted that on the statement of the prosecutrix, FIR No.604/2022, under Sec. 376 of IPC, at P.S. Keshavpuram, has been registered against him. It is claimed that before the registration of the FIR,there have been conversations between the prosecutrix and his brother as well as cousin, wherein she has made demands for money from his brother as well as the cousin for not getting this aforesaid false case registered against the petitioner. These conversations were recorded by his brother and cousin in their respective mobile phones and now stored in a pen drive, are sought to be produced before the learned Court to confront the prosecutrix during the trial. It is asserted that it is a material piece of admissible evidence belying the entire case of the prosecution.

(3.) The petitioner, therefore, moved an Application under Sec. 294 Cr.P.C. for admission/denial of the contents stored in the pen drive to expose the truth of the matter. However, his Application has been dismissed vide impugned Order dtd. 25/9/2023. Aggrieved by the said Order, the present petition has been filed.