GOLU @ GAURAV Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has filed this revision petition under Section 397 read with Section 401 of Cr.P.C. Against the order dated 16.5.2016 passed by Second Additional Sessions Judge, Gwalior in Sessions Trial No.11/2015, by which the application filed by the applicant under Section 233 of the Code of Criminal Procedure (for brevity, the 'CrPC) has been rejected.

(2.) Brief facts of the case are that the applicant is facing trial for the offences under Section 376 and 306 of IPC. During the course of the trial, the applicant moved an application under Section 233 of CrPC praying that the conversation between prosecutrix and one Rajendra was recorded and CD of said conversation was prepared, therefore, the said CD be directed to be taken on record. At the time of incident, the age of the prosecutrix was above 18 years and for bringing this fact on record he wants to file Samagra ID No.36421994, which was prepared by Municipal Council, Dabra on the basis of the information given by her father Naval Singh. The application was opposed by the Panel Lawyer. After hearing both the parties, vide order dated 16.5.2016 the trial Court dismissed the application, which is the subject matter of this revision petition.

(3.) Leaned counsel for the applicant submits that the trial Court has failed to exercise the discretion vested with him in accordance with law. In the matter of trial, the defence has a right to produce the document which is relevant and necessary for the fair and just decision in the case.