NAWAB CHANDELA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Crl.M.A.No.14720/2016 (Exemption)

(2.) I have heard the learned counsel for the petitioner and have examined the file. Undisputedly, the petitioner is facing trial in case FIR No.580/2014 registered under Sections 376/328/506 IPC at PS Khyala. Upon completion of investigation, a charge-sheet has been filed against the petitioner. The prosecutrix seemingly has not yet been examined.

(3.) The instant application was filed by the petitioner to bring on record 'CD' along with hardcopy allegedly containing conversation of the victim with some individuals whereby she claimed that the FIR lodged by her was false. The Trial Court has noted that this CD was made available to the Investigating Officer during investigation. However, it was not deliberately placed on record by the Investigating Agency. Its genuineness and authenticity has not yet been ascertained. The petitioner has the remedy to confront the prosecutrix / victim with any such conversation in the crossexamination.