BANWARI LAL AND OTHER Vs. STATE

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 22.7.2013 passed by Addl. Sessions Judge, No.1 Kishangarh Bas, Alwar in Criminal Revision Petition No.21/2013 whereby photo copy of rent deed has been admitted during the statement of witness Prabhakar Sharma inspite of objection of the petitioners and provisions of Sections 65 and 66 of Evidence Act have not been followed.

(2.) The only contention of the present petitioners is that complainant lodged a complaint against the present petitioners on which FIR No. 223/2009 has been registered under Sections 143, 323, 341, 354 and 379 Penal Code and after investigation, charge sheet was filed and trial was further proceeded. On 5.7.2013, during recording of statement of PW/1 Prabhakar Sharma, learned APP produced photo copy of rent-deed and wanted to exhibit the same. The petitioner objected the same that document which is not in original cannot be marked as Exhibit unless a due procedure established under Sections 65 and 66 are followed but the court rejected the objection and marked photo copy as exhibit as secondary evidence.

(3.) Learned Public Prosecutor has left the matter on the discretion of the court.