LAWS(JHAR)-2019-1-57

JITENDRA ORAON @ JEETENDRA OROWN Vs. STATE OF JHARKHAND

Decided On January 16, 2019
Jitendra Oraon @ Jeetendra Orown Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner, who is an accused in Sessions Trial No.87 of 2010, is aggrieved of the order dated 21.02.2018 by which report from the Forensic Science Laboratory (FSL) has been marked as exhibit-8.

(2.) Plea urged on behalf of the petitioner is that seven years after commencement of the sessions trial and, that too, after availing opportunity from the court when the prosecution did not produce any witness, the prosecution cannot be permitted to fill-up lacuna in its case.

(3.) At the outset, it needs to be recorded that there is a distinction in law between negligence on the part of the prosecution and attempt to fill-up lacuna.