2016 (9) TMI 1526 - HC - Indian Laws

Offences punishable under Sections 354A/354D IPC and Sections 10 and 12 Protection of Children from Sexual Offences (POCSO) Act - documents were not placed with the charge sheet by the investigating officer - entitlement to copies of documents relating to internal enquiry 207 Cr. P. C. - whether the accused is entitled to receive a document collected during the course of investigation but not relied upon by the investigating agency and not forming the part of the documents with the chargesheet? HELD THAT - Fair trial is a sine qua non for proper administration of justice and thus documents which favour the accused though collected but on the volition of the investigating agency not relied upon are required to be given to the accused though not under Section 207 Cr. P. C. but under Section 91 233 and 243 Cr. P. C. The accused is entitled to receive these documents not only at the time of leading defence evidence but also while confronting prosecution witnesses. In the present case though the report of internal enquiry was collected during the course of investigation but not filed with the charge sheet thus the same cannot be given under Section 207 Cr. P. C. however the petitioner is entitled to the said document under Sections 91 233 and 243 Cr. P. C. Sections 233 and 243 Cr. P. C. provide that the Court shall issue process compelling attendance of a witness or production of any document or thing unless the Court finds that the application has been made for the purpose of vexation or delay or for defeating the ends of justice. The law on Section 91 Cr. P. C. is clear that the Court or officer in charge of a police station shall exercise the power to ensure production of any document or other things necessary or desirable for the purpose of any investigation inquiry trial or other proceedings under the Code. Further the necessity and desirability of production of the document has to be seen also keeping in mind the stage at which the power is required to be exercised. In the present case the petitioner seeks document which is a report of internal enquiry wherein statement of witnesses were recorded. The petitioner would have a right to cross-examine the witnesses by confronting them with their previous statements so recorded. Thus the limitation imposed by the learned Trial Court by order dated 11th April 2016 that the documents sought by the petitioner can only be obtained at the stage of defence is incorrect as the said documents can also be used for confronting the prosecution witnesses in case the same include previous statements of the witnesses to be examined. Petition disposed off.

Summary

Issues Involved:
1. Whether the petitioner is entitled to documents collected during the investigation but not relied upon by the investigating agency under Section 207 Cr. P. C.
2. The applicability of Sections 91, 233, and 243 Cr. P. C. for obtaining documents not included in the charge sheet.
3. The scope and limitations of Section 91 Cr. P. C. regarding the production of documents at different stages of the trial.

Detailed Analysis:

1. Entitlement to Documents Under Section 207 Cr. P. C.
The petitioner argued that he should be provided with copies of documents related to an internal enquiry conducted by the school, which were collected during the investigation but not included in the charge sheet. As per Section 207 Cr. P. C., the court must provide the accused with copies of the FIR, police report, statements under Section 161, confessions under Section 164, and any other documents forwarded to the Magistrate with the police report under Section 173(5) Cr. P. C. However, since the internal enquiry report was not part of the charge sheet, the accused cannot claim it under Section 207 Cr. P. C. The court upheld this view, stating that the documents sought were not considered at the stage of framing of the charge.

2. Applicability of Sections 91, 233, and 243 Cr. P. C.
The court noted that while the internal enquiry report was collected during the investigation, it was not filed with the charge sheet, making it unavailable under Section 207 Cr. P. C. However, the accused is entitled to these documents under Sections 91, 233, and 243 Cr. P. C. Sections 233 and 243 Cr. P. C. allow the court to issue process for the attendance of a witness or production of any document unless the application is made for vexation or delay. Section 91 Cr. P. C. allows the court to direct the production of any document necessary or desirable for the purposes of investigation, inquiry, trial, or other proceedings under the Code.

3. Scope and Limitations of Section 91 Cr. P. C.
The Supreme Court's interpretation of Section 91 Cr. P. C. in various judgments was discussed. The court emphasized that the necessity and desirability of the document must be considered with reference to the stage of the trial. The court noted that while the accused cannot invoke Section 91 at the initial stage of framing of a charge, they can do so when the document is necessary for their defence. The court also highlighted that documents favoring the accused should not be withheld until the defence stage if they can be used to confront prosecution witnesses during cross-examination.

In conclusion, the court found no error in the order framing charges against the petitioner but directed that if an application under Section 91 Cr. P. C. is filed, the court should consider the necessity and desirability of the documents for a fair trial. The petition and application were disposed of with these directions.