BABU KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has preferred the present criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 against order dated 19.02.2019 passed by Additional Sessions Judge, Khategaon, District Dewas (MP) in Sessions Trial No.69/2017 whereby an application filed by the petitioner seeking direction to the trial Court for conducting forensic examination of Compact Disc (CD) filed by the petitioner in his defence, has been rejected.

(2.) The petitioner is facing charge of Sections 376-B and 342 of the Indian Penal Code, 1860 before the Addi- tional Sessions Judge, Khategaon, District Dewas (MP).

(3.) During the trial, the petitioner filed CD containing photographs of the petitioner and the prosecutrix and other material regarding their relationship. The petitioner wish to prove this CD in his defence. Therefore, he moved an application before the trial Court with a request that the said CD be sent to Forensic Science Laboratory for forensic examina- tion so that it may be clarified that no tampering or editing has been done with the CD. However, the said application was rejected by the trial Court vide impugned order dated 19.02.2019, which is subject matter of challenge before this Court.