JASVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The instant Misc. Petition has been preferred by the petitioner challenging the Order dated 23.1.2014 passed by the learned Additional Sessions Judge, Nagpur in Sessions Case No. 24/2012 whereby the application filed by the petitioner under Section 91 Cr.P.C. for summoning various documents was rejected.

(3.) Learned Counsel for the petitioner submits that the is facing trial for the serious offences including offences under Sections 376(2)(g) and 302/149 I.P.C. in this case. His specific defence before the Trial Court was that he was 1 implicated in his case on the basis of fictitious recovery. The S.H.O. Police Station Molasar, Mr. Navneet Vyas, who allegedly effected the recovery, was present at the Police Station and did not go to the place of recovery at all. Likewise, Mr. Parbat Singh, Constable, who stood as motbir, was also not available at the place of recovery when the seizure documents were prepared. He submits that the police got conducted a videography of the process when the body of the deceased was recovered. Copy of the said videography was not supplied to the petitioner along with the charge-sheet. He submits that the Trial Court unjustly rejected the application preferred by the accused-petitioner on the ground that the documents do not fall within the purview and ambit of Section 173 Cr.P.C. and thus, cannot be supplied to the accused. He submits that these documents are essentially required for the defence of the accused. The defence need not be restricted to the documents filed under Section 173 Cr.P.C. He further submits that a suggestion has already been given to the Investigating Officer, that he was not present on the scene of occurrence. This fact can very well be established by scientific evidence i.e. the call and location details of the mobile phone of the witnesses. He, therefore, prays that the Misc. Petition be allowed and the learned Trial Court be directed to summon the call details of these two witnesses and also be directed to supply the videography report submitted by the police along with the challan papers to the accused.