RAJESH TALWAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) APPLICANTS are facing trial in Sessions Trial No. 477 of 2012, (CBI Vs Dr. Rajesh Talwar and another), under Sections 302,34,201,203 IPC. During the course of trial an application was moved by the prosecution (CBI) seeking permission to place additional documents on record. Following documents were sought to be filed before the Court below:-

(2.) IT is further stated in the application that this issue was raised by the CBI before the Special Leave Petition filed in the Apex Court that it was typographical error in describing the exhibits by the CDFD Hyderabad. This letter also forms part of the counter affidavit filed by CBI in the Hon'ble Apex Court in the present case. This letter is now required to be exhibited in the court.

(3.) THE objection to the said application was filed by the accused. It is contended that as many as fifteen prosecution witnesses stand examined and cross examined and filing of the said documents at this stage would prejudice the accused. The said documents are intended to be filed for filling up the lacuna that exists in the prosecution story. It is further averred that these documents were never part of the report under Section 173 (2) Cr.P.C. more particularly, letter No. CDFD/LDFS/2011/2079 dated 24.3.2011. Prosecution cannot be permitted to file documents which are not part of the report under Section 173(2) Cr.P.C.