STATE OF ORISSA Vs. KHETRABASI BISWAL AND ORS.

JUDGEMENT

(1.) THIS Criminal Revision arises under the following circumstances:

(2.) THE point for consideration is whether a complainant who has not been examined at the enquiry under Section 202, Code of Criminal Procedure can be examined at the sessions trial.

(3.) SECTION 208, Code of Criminal Procedure provides for the grant of copies of certain documents to the accused in cases instituted otherwise than on a police report. According to Clause (i) of that section, the Magistrate is required to furnish to the accused copies of the statements recorded under Section 200 or Section 202, Code of Criminal Procedure of all persons examined by him. The provision only means that if there are witnesses examined under Section 200 or 202 the copies of their statements should be furnished to the accused. It is argued on behalf of the opposite parties that a statement recorded under Section 202 might provide important material for cross -examination and unless the complainant is examined at the enquiry, the accused would not be in a position to discredit him by pointing out discrepancies, if any, in the evidence given at the trial and at the enquiry. I am unable to accept this contention. The legislative intention behind the provisions of Section 208 is to enable the accused to have full Idea about the case brought against him and to prepare for his defence. Even though the complainant is not examined at the enquiry under Section 102, Code of Criminal Procedure, the accused is entitled to have the copy of the complainant petition as provided under Section 204(3), the copy of the statement of the complainant recorded under Section 200, Code of Criminal Procedure and the copies of the statements of the complainant's witnesses recorded under Section 202, Code of Criminal Procedure. All these documents will enable the accused to get sufficient information about the case against him.