RAM NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN a criminal case against the petitioner, the prosecution produced certain cassettes by way of evidence. The accused petitioner prayed that duplicate of the cassettes should be supplied to him. The learned Judicial Magistrate No. 1, Jaipur District Jaipur has ordered that it is not possible to prepare duplicates of these cassettes and the learned Counsel for the petitioner can play and hear the cassettes in the court. It has also been observed that if the petitioner wants, he can himself get duplicate cassettes prepared. In other words he can apply and obtain copies of the cassettes but the court is not in a position to supply the same.

(2.) SECTION 207 Cr PC provides for supply to the accused of copy of police report and other documents. This section reads as under:

(3.) SUCH a matter arose before Delhi High Court in S.J. Chaudhry v. State Delhi Adm 1984 Cr. LJ 864 where in it was held that the supply of cassettes in duplicate to the accused was necessary in order to enable him to play the tape himself and prepare for his defence Permission of getting the tape recorded conversation heard in the court during trial was considered to be a poor substitute as it would be 'antithesis of preparation of defence which has to start sufficiently well in advance and not on the spur of moment.'