PRADEEP KHATIWARA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Counsel for the parties on I.A. No.02 of 2023, which is an application filed on behalf of the Appellant, under Sec. 391 of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.").

(2.) Learned Counsel for the Appellant submits that although Dr. Satish Rasaily, Psychiatrist, was examined as a Witness for the Appellant/Accused before the Learned Trial Court, however, the documents pertaining to the psychiatric treatment of the Appellant were not exhibited before the Learned Trial Court. That, the Appellant be afforded a fair opportunity to rebut the Prosecution evidence against him, by exhibiting the documents that have been appended to the application under Sec. 391 of the Cr.P.C., to enable him to obtain the exemption provided under Sec. 84 of the Indian Penal Code, 1860.

(3.) Learned Additional Public Prosecutor vehemently objects to the Petition on grounds that the documentary evidence furnished by the Appellant does not indicate that at the time of the commission of the offence the Appellant was suffering from mental illness.