JAIKAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under section 482 Cr. P. C. is directed against the order dated 14. 3. 2007 passed by Additional Sessions Judge No. 1, Deeg in sessions case No. 20/2007 whereby he has rejected the application filed by the petitioner under Section 91 read with Sections 173, 207 Cr. P. C.

(2.) A perusal of the copy of the application filed by the petitioner in the trial Court shows that the petitioner has prayed for furnishing a copy of the statement of Pooja recorded on 4. 7. 2006 and a copy of the affidavit of Suresh allegedly submitted before S. H. O. Deeg and it has been further prayed that statements of certain other witnesses who were examined by the Investigating Officer during the investigation be directed to be produced in the Court as the same have not been submitted with the report filed u/s. 173 Cr. P. C. and copies of such statements be provided to the petitioner.

(3.) FOR the above reasons the petition is partly allowed in the following terms:- (a) The prayer for providing a copy of the affidavit of Suresh allegedly submitted before S. H. O. Deeg is dismissed as not pressed. (b) If Pooja was examined more than once during investigation (including re-investigation and further investigation) the copies of all such statements recorded under Section 161 Cr. P. C. shall within a period of one month from the date of passing of this order be supplied to the petitioner. (c) Learned trial Court shall peruse the case diary in order to find out whether any material witness who may be said to be a person acquainted with the facts and circumstances of the case was examined under Section 161, Cr. P. C. and, if so, whether such person has been withheld by the prosecution by not citing him as a prosecution witness. If so, learned trial Court will consider whether it is necessary in the interest of justice to direct the prosecution to produce the statements of such person recorded under Section 161 Cr. P. C. (d) In case learned trial Court directs production of the statements recorded under Section 161, Cr. P. C. of any person (other than those cited as prosecution witnesses) in the Court the petitioner may be supplied a copy of the statements on payment of necessary fee according to the rules applicable for the supply of copies.