RAKKAPPAN Vs. STATE

JUDGEMENT

(1.) CHALLENGING and impugning the order dated 27.6.2006, passed by the Assistant Sessions Judge, Uthagamandalam, in S.C.No.1 of 2004, this criminal revision case is focussed.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision case would run thus:The police laid the police report in terms of Section 173 Cr.P.C. as against the accused for the offences under Sections 332 and 307 of IPC. The accused pleaded not guilty, whereupon, after complying with the legal procedures, trial was commenced and the prosecution closed its side. At that stage, the accused filed a petition under Section 294(1) & (3) of Cr.P.C. virtually to get the following three documents, admitted in evidence.1. Certified copy of petition filed by the petitioner under Section 438 Cr.P.C. in the Court of the Sessions Judge of Nilgiris, in Crl.M.P.No.455 of 2000 on 27th September 2003 together with the order passed by the learned Sessions Judge on the said petition on 11.10.20002. Certified copy of the order passed by the Honourable Sessions Judge of the Nilgiris, on 11.10.2000 in C.M.P.No.455 of 2000.

(3.) AT this juncture, I would like to reproduce here under Section 294 of the Cr.P.C. "294. No formal proof of certain documents - (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document.(2) The list of documents shall be in such form as may be prescribed by the State Government.(3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed:Provided that the Court may, in its discretion, require such signature to be proved.