MOIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure, against the impugned order dated 23.10.2019, in Sessions Case No. 19 of 2018, by which the learned Additional Sessions Judge, Veraval, Dist.: Gir Somnath, rejected the application Exh. 159, filed by the present applicant accused seeking of documents, in form of electronic record, seized during the investigation and part of chargesheet record.

(2.) The present applicant along with others have been arraigned as accused in connection with FIR being CR. No. I. 44 of 2018 registered with Veraval City Police Station, Dist.: Gir Somnath for the offences punishable under Sections 376(2)(n), 376(d), 357, 354(a)(b)(d), 342, 328, 323, 504, 506(2), 114, 120(B) of IPC and Section 66(E) of Information Technology Act. It is the allegation of the prosecution that the accused have committed rape upon the victim, made sexual harassment, exploited by taking her obscene photographs and video and threatened to upload the same on social media, thereby, committed the alleged offences as referred to above. During the course of investigation, mobile phones and sim cards were seized and same had been sent to FSL at Gandhinagar for examination, as parcel Exh. I, J, K, L, M, N, A36S. On 24.10.2018, the FSL Gandhinagar, submitted its report observing that Exh. I, J, L, M, and A36S, having no obscene contents of the female person - Mark-1, whereas, Exh. K and N having obscene contents i.e. image(s), video file(s) of the female person - Mark-1.

(3.) The applicant herein moved an application Exh. 159 seeking annexure A, B, D, F, D1, E, E1, F, G and H, as referred by the IO for forensic analysis which are in the form of DVDs and CDs. The learned trial Court after hearing the parties, rejected the application observing that granting the prayer would affect the privacy and dignity of the victim and further observed that so far right of the accused is concerned, he would be allowed to watch DVD-R, CDs along with his advocate when the trial will commence.