BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this misc. petition under Section 482 Cr.P.C. against the order dated 17.08.2016 passed by learned Sessions Judge, Jalore in Criminal Revision No. 9/2015 whereby he dismissed t he Revision Petition and upheld the order dated 10.02.2015 passed by learned Judicial Magistrate, Jalore in Regular Criminal Case No. 348/2012 by which he allowed the application submitted by the prosecution under Sections 64 and 65 of the Indian Evidence Act for adducing secondary evidence.

(2.) The charge sheet under Sections 279 and 304-A IPC was filed against the petitioner. After examination of more than 30 witnesses, application purported to Section 64 and 65 of the Indian Evidence Act was filed by the Assistant Public Prosecutor and prayed that cash book and other documents ought to be tendered as secondary evidence and further prayed to be exhibited. In spite of petitioner's objection, allowed the application submitted by the Assistant Public Prosecutor and re-summoned the prosecution witness, the order dated 10.05.2015 was on the application of Assistant Public Prosecutor was upheld by the revisionary court on 17.08.2016.

(3.) Learned counsel for the petitioner submits that it is settled proposition that if a document is not available for primary evidence then providing a copy of second evidence also would not be acceptable. It is further stated that the document to be exhibited are pending originally there and until the charge sheet was filed and in subsequent inclusion shall prejudice his case. It is also stated that there is a violation of section 65 of the Indian Evidence Act.