SHYJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a document that was not procured during investigation and produced along with the final report, be introduced, after the evidence is over by recourse to Sec. 311 of the Code of Criminal Procedure 1973?

(2.) Petitioner is facing an indictment for the offences under Ss. 308, 326A and 120B read with Sec. 34 of the Indian Penal Code, 1860. He is alleged to have attacked the victim with acid. The victim who suffered the attack became blind. After the evidence in the case was completed and when the case was posted for hearing, a petition was filed by the Public Prosecutor seeking to re-open the evidence to produce a disability certificate and to examine the doctor who issued the certificate stating that the victim has become 100% blind. By the impugned order dtd. 23/1/2023, the Additional Sessions Judge, Muvattupuzha allowed the said application.

(3.) I have heard Sri. John Sebastian Ralph, the learned counsel for the petitioner as well as Sri.T.R Renjith, the learned Public Prosecutor.