SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial Court (Sub-Judge, Moga), dated 16.12.2016, by which an application filed by the prosecution under Section 311 of the Cr.P.C., seeking to tender the Chemical Examiners' Report, has been allowed.

(2.) The contention on behalf of the petitioner, while opposing the application before that Court (as well as before this Court), is that the application has been allowed at a stage when even the petitioners' statement under Section 313 Cr.P.C. has been recorded, and therefore also well after evidence of the prosecution was closed, which was a lacuna that was sought to be filled by the prosecution at too belated a stage.

(3.) The learned Special Judge however held that though undoubtedly the application had been filed at a very belated stage when the case was fixed for "defence evidence if any" and for arguments, yet, as the document was essential for the Court to reach a conclusion in the case, jurisdiction under Section 311 could be exercised to allow such evidence to be tendered.