Criminal applicant challenged the prosecution's action in exhibiting a list of documents comprising CD and message prints tendered by PW1 without copies to parties. The High Court clarified that witness-submitted documents do not become proved evidence for deciding the case regardless of their exhibition.
Application stands disposed off
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908-APL-52-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.52 OF 2018
AMIR ABULESH SHAIKH)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA & ANR.)...RESPONDENTS
Mr.Rishi Bhuta a/w. Mr.Ujjwal Gandhi a/w. Ms.Gunjan Thakkar a/
w. Mr.A.Dubey a/w. Mr.Anurag Ghag, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent – State.
CORAM:A. M. BADAR, J.
DATE:23rd JANUARY 2020
P.C.:
1By this application, the applicant/accused in Sessions
Case No.192 of 2014 is challenging action on the part of the
learned trial court in exhibiting the list of documents as Exhibit
17, during the course of recording of evidence of PW1 in that
case.
avk 1/3
908-APL-52-2018.doc
2Heard the learned counsel appearing for the
applicant/accused and the learned APP appearing for the State.
They both are unanimous in stating that a witness cannot produce
any document on record of the trial court during the course of
recording evidence.
3What happened in the instant case is that during
recording of evidence of PW1, who happens to be the prosecutrix,
she tendered some documents on record viz. Compact Disc of
conversation, print out of messages without giving copies thereof
either to the prosecution or to the accused. The learned trial court
then exhibited the list of those documents as Exhibit 17. The
applicant/ accused is apprehending that by such course of action,
the learned trial court may read those documents in evidence.
4 Apprehension of the applicant/accused thatdocuments produced along with list Exhibit 17 by PW1 shall be
read in evidence is totally misplaced. What is relevant and
material is only the police report or supplementary report filed by
the Investigating Officer by resorting to provisions of Section
avk 2/3
908-APL-52-2018.doc
173(8) of the Code of Criminal Procedure. Documents filed by
witness cannot be relied on for deciding sessions cases. It appears
that the learned trial court has only exhibited the list of witnesses.
The purpose thereof seems to be for identification. By such
action, documents produced with that list cannot become proved
documents so as to read them in evidence for the purpose of
deciding the sessions case.
5With this clarification, the instant criminal application
stands disposed off.
Arti V. Khatate
Digitally signed by Arti V. Khatate Date: 2020.01.23 17:46:17 +0530
avk 3/3
3 issues framed by the court
Whether documents tendered by a witness during evidence recording can become proved documents relied upon for deciding a sessions case.
Whether an accused can apprehend that such documents will be read in evidence.
What is the legal position regarding the reliance on documents filed by witnesses versus police reports under Section 173(8) CrPC.
1 provisions across 1 enactments
AMIR ABULESH SHAIKH
THE STATE OF MAHARASHTRA
A. M. BADAR
Arti V. Khatate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court