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Issues:
1. Interpretation of section 91 of the Criminal Procedure Code regarding the production of documents during trial. 2. Admissibility of additional documents sought by the prosecution after the examination of witnesses. 3. Prejudice to the defense due to piecemeal introduction of documents by the prosecution. 4. Balance between the burden of proof on the prosecution and the rights of the defense in a criminal trial. 5. Application of section 244(2) of the Criminal Procedure Code in summoning witnesses and producing documents. Analysis: The judgment deals with the interpretation of section 91 of the Criminal Procedure Code concerning the production of documents during trial. The petitioner, as the third accused, raised objections to the prosecution's request for additional documents after the examination of witnesses. The defense argued that introducing new documents piecemeal would prejudice their case. However, the court noted that while section 91 does not mention examination of witnesses, section 244(2) empowers the trial court to issue summons for documents or witnesses. The court overruled the technical objection, emphasizing that the prosecution's power under section 244(2) cannot be curtailed by objections under section 91. The judgment further addresses the issue of potential prejudice to the defense due to the delayed introduction of documents. The defense contended that introducing new documents without cross-examination could harm their case. However, the court observed that since none of the prosecution witnesses had been cross-examined, the defense would not be taken by surprise. The court highlighted the burden on the prosecution to collect evidence and build its case before trial, contrasting it with the defense's right to develop its defense strategies. The court stressed the importance of ensuring justice by allowing the prosecution to present its case comprehensively without unduly prejudicing the defense. Regarding the admissibility of documents under section 244(2) of the Criminal Procedure Code, the court emphasized the need for a balanced approach. While the prosecution is entitled to summon witnesses and produce documents, this should not unfairly prejudice the accused. In this case, since the defense had not presented its case and witnesses were not cross-examined, the court found no grounds for prejudice against the accused. Consequently, the court dismissed the petition, emphasizing the proper application of legal provisions without bias against the accused. In conclusion, the judgment underscores the importance of a fair trial process where both the prosecution and defense have the opportunity to present their cases effectively. It clarifies the scope of sections 91 and 244(2) of the Criminal Procedure Code, highlighting the need to balance the rights of both parties while ensuring justice is served.
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