ASRAFUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Short question involved herein would be whether the learned Judge committed any error in accepting the F. S. L. report without compelling the concerned officer being the author of the report to come and dipose before the Court.

(2.) The order impugned herein rejected the prayer of the defence inter alia asking for rejection of the report in absence of the author despite service of summons upon him. The learned Judge considered the provision of Section 293 of the Code of Criminal Procedure and its interpretation by the Apex Court in State of Himachal Pradesh v. Mast Ram., 2004 AIR(SC) 5056 The defence cited another Apex Court decision Vijay Narayan Singh v. State of Bihar,2005 CrLJ 163. The learned Additional Sessions Judge Fast Track Court, Berhampore held that the F.S.L. report so submitted by the prosecution was not in dispute. Hence, Section 293 of the Code of Criminal Procedure would permit the Court to accept the same without examining the author. The learned Judge however recorded that despite attempts being made, prosecution failed to produce the author. Hence, the revisional application by the accused.

(3.) Mr. Sukanta Chakraborty learned Counsel appearing for the Petitioner cited the following decisions: