K THARUSH MOIDEEN Vs. HASAN AMBALAM

JUDGEMENT

(1.) The defendant produced Ex.B7 which is a certified copy of the report of the Scientific Officer attached to Forensic Sciences Department, Government of Tamilnadu during the course of evidence and the same was marked with objections by the Trial Court. Such an order passed in the docket sheet by the Trial Court is challenged by the plaintiff in the present revision.

(2.) Ex.B7 is found to be a certified copy of the report of the Scientific Officer attached to Forensic Sciences Department, Government of Tamilnadu. The same was marked during the course of trial in a case relating to Crime No. 25 of 2002 on the file of the learned Judicial Magistrate I, Poonamallee, having been collected by the investigating officer in that case. The defendant, having obtained a certified copy of the said report of the Scientific Officer, produced it before the court and the same was marked as Ex.B7 overruling the objections raised by the plaintiff. The Trial Court observed that the defendant was entitled to mark the said document as the same was found to be a public document and that the contention that the said report was tainted with mala fides would have to be established by the plaintiff by summoning the expert concerned.

(3.) Learned Counsel appearing for the plaintiff would vehemently submit that the report of the Scientific Officer, which contains only the opinion, cannot be construed as a document forming the act of the Public Officer or a record of the act performed by the Public Officer. The Trial Court, having marked the said document as a public document, shifted the entire burden on the plaintiff to establish the document which was produced by the plaintiff. Therefore, he would submit that the order passed by the Trial Court is revisable.