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TMI Blog2016 (9) TMI 1526X X X X Extracts X X X X X X X X Extracts X X X X ..... nducted in school against accused Dinesh Puri was obtained and annexed with file". 3. The contention of learned counsel for the petitioner is that once relevant documents relating to the internal enquiry in relation to allegations of sexual harassment conducted by the school were collected by the investigating officer, the petitioner ought to have been provided copies thereof under Section 207 Cr. P. C. and having denied to give those documents the learned Trial Court could not have proceeded to frame the charge as noted above vide order dated 22nd March, 2015 and later dismissed the said application stating that since the documents were not placed with the charge sheet by the investigating officer, the petitioner was not entitled to copy thereof under Section 207 Cr. P. C. 4. During the course of investigation, relevant documents pertaining to internal enquiry conducted by the school against the petitioner were obtained and annexed with the file i. e. police file, however, the same were not filed as part of charge sheet. 5. Section 173(5) Cr. P. C. provides as under:- "173. Report of police officer on completion of investigation. - (1) to (4) xx xx xx xx xx (5) When suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her documents or relevant extract thereof forwarded to the Magistrate with the police report under sub-Section (5) of Section 173 Cr. P. C. It is thus evident that under Section 207 Cr. P. C. the accused is only entitled to documents which form the part of charge sheet and are relied upon by the investigating agency to prosecute the accused. Since the report of internal enquiry conducted by the school though collected during investigation was not part of the charge sheet, the accused cannot claim the same under Section 207 Cr. P. C. and thus the learned Trial Court rightly rejected the prayer of the petitioner for grant of the report as a deficient document on an application under Section 207 Cr. P. C. vide order dated 11th April, 2016. Thus the challenge of the petitioner to the orders dated 22nd March, 2016 and 11th August, 2016 on the ground that document relied upon by the prosecution was not supplied and hence there was failure of justice deserves to be rejected as the documents sought for i. e. the report of internal enquiry could not be considered at the stage of framing of charge. 8. Supreme Court noting the ambit of Sections 173 and 207 Cr. P. C. and emphasizing on the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the Evidence Act would apply. 206. Section 173 commands the investigating agency to complete the investigation expeditiously without unnecessary delay and when such an investigation is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of offence on a police report the details in the form as may be prescribed by the State Government and provide the information required under this section. 207. The provisions of Section 173(5) contemplate and make it obligatory upon the investigating officer where the provisions of Section 170 apply to forward to the Magistrate along with his report, all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation in terms of Section 170(2) of the Code. During investigation the statement recorded under Section 161 of all the persons whom the prosecution proposes to examine as witnesses shall also be sent to the Magistrate. Some element of discretion is vested with the police officer under Section 173(6): where he is of the opinion that any such statement is not relevant to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nteresting reading. This provision not only require or mandate that the court without delay and free of cost should furnish to the accused copies of the police report, first information report, statements, confessional statements of the persons recorded under Section 161 whom the prosecution wishes to examine as witnesses, of course, excluding any part of a statement or document as contemplated under Section 173(6) of the Code, any other document or relevant extract thereof which has been submitted to the Magistrate by the police under sub- section (5) of Section 173. In contradistinction to the provisions of Section 173, where the legislature has used the expression "documents on which the prosecution relies" are not used under Section 207 of the Code. Therefore, the provisions of Section 207 of the Code will have to be given liberal and relevant meaning so as to achieve its object. Not only this, the documents submitted to the Magistrate along with the report under Section 173(5) would deem to include the documents which have to be sent to the Magistrate during the course of investigation as per the requirement of Section 170(2) of the Code. 220. The right of the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;2. The first information report recorded under Section 154; 3. The statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173; 4. The confessions and statements, if any, recorded under Section 164; 5. Any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of Section 173. " 10. In the decision reported as (2013) 9 SCC 276 Manjeet Singh Khera Vs. State of Maharashtra the Supreme Court noting its earlier decision in V. K. Sasikala (supra) did not answer specifically as to whether the prosecution should supply those documents which are not forwarded with the charge sheet when the accused person demands them as the said issue did not arise and held - "8. The Court also noticed that seizure of large number of documents in the course of investigation of a criminal case is a common feature. After completion of the process of investigation and before submission of the rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the prior conduct of the accused that is material. What is of significance is if in a given situation the accused comes to the court contending that some papers forwarded to the court by the investigating agency have not been exhibited by the prosecution as the same favours the accused the court must concede a right to the accused to have an access to the said documents, if so claimed. This, according to us, is the core issue in the case which must be answered affirmatively. In this regard, we would like to be specific in saying that we find it difficult to agree with the view taken by the High Court that the accused must be made to await the conclusion of the trial to test the plea of prejudice that he may have raised. Such a plea must be answered at the earliest and certainly before the conclusion of the trial, even though it may be raised by the accused belatedly. This is how the scales of justice in our criminal jurisprudence have to be balanced. " 11. In the present case the issue that arises is 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision reported as (2005) 1 SCC 568 State of Orissa Vs. Debendra Nath Padhi though agreed with the scope and ambit of Section 91 of Cr. P. C. as envisaged in Om Prakash Sharma (supra) however disagreed that the accused had a right to produce any material at the stage of framing of charge. Reiterating the law laid down under Section 91 Cr. P. C. the Supreme Court in Debendra Nath Padhi (supra) held- "24. On behalf of the accused a contention about production of documents relying upon Section 91 of the Code has also been made. Section 91 of the Code reads as under: "91. Summons to produce document or other thing. --(1) Whenever any court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2)-(3) * * *" 25. Any d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of Debendra Nath Padhi's case, there may be some very rare and exceptional cases where some defence material when shown to the trial court would convincingly demonstrate that the prosecution version was totally absurd or preposterous, and in such very rare cases the defence material can be looked into by the court at the time of framing of the charges or taking cognizance. It was held that it cannot be said to be an absolute proposition that under no circumstances can the court look into the material produced by the defence at the stage of framing of the charge, though this should be done in very rare cases i. e. where the defence produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted. 15. Thus 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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