GAURAV AGARWAL Vs. STATE OF MP AND ANOTHER

JUDGEMENT

(1.) This revision application takes exception to portion of the order dated 21.3.2016 passed by Third Additional Sessions Judge, Guna, whereby the application moved by the prosecutrix while assisting the prosecution for bringing on record certain documents and articles which are not part of the charge sheet but are necessary for just and proper adjudication of the case, has been allowed.

(2.) The facts relevant for deciding the instant revision application are that the applicant is accused of the offence punishable under Sec. 376 of Indian Penal Code, 1860 (for brevity, the 'IPC') on the report filed by the prosecutrix. The trial is under progress before the Court of Third Additional Sessions Judge, Guna in which at the stage of recording of evidence, the prosecutrix who was assisting the prosecution in terms of Sec. 301 of the Code of Criminal Procedure (CrPC), moved an application for taking documents and articles on record for just and proper adjudication of the case. The response was invited from the accused/applicant on this application, who submitted that such documents cannot be taken on record as the rights of the prosecutrix are limited to only assist the prosecution and not to conduct the trial. Further, it was stated that the documents and articles are unverified as the same were not before the Investigating Officer, due to which the possibility that the documents are concocted, cannot be ruled out. The trial Court allowed the application while extending opportunity to the applicant to controvert these documents when the applicant is afforded opportunity to lead defence evidence.

(3.) The applicant has challenged the said order on the ground that the trial Court did not consider the scope of Sec. 301, Crimial P.C. while erroneously allowing the application for taking documents on record. Further, the documents which are brought on record are forged and ulterior motive of the prosecutrix is to fill in lacunae of the prosecution case, the same is causing prejudice to the applicant. Therefore, it was prayed that the impugned order deserves to be set aside.