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TMI Blog2015 (11) TMI 1896X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of erasing the tape record. In view of the definition of 'document' in Evidence Act, and the law laid down by this Court, as discussed above, we hold that the compact disc is also a document. It is not necessary for the court to obtain admission or denial on a document Under Sub-section (1) to Section 294 Code of Criminal Procedure personally from the accused or complainant or the witness. The endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 Code of Criminal Procedure. The courts below have erred in law in rejecting the application to play the compact disc in question t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CSO) in which complainant Munish Verma alleged that his minor niece was molested by the Appellant. It appears that after investigation, a charge sheet is filed against the Appellant, on the basis of which Sessions Case No. 33 of 2014 was registered. Special Judge, Kaithal, after hearing the parties, on 28.3.2014 framed charge in respect of offences punishable Under Sections 354A and 376 Indian Penal Code and also in respect of offence punishable Under Sections 4/12 of POCSO. Admittedly prosecution witnesses have been examined in said case, whereafter statement of the accused was recorded Under Section 313 of the Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure ). In defence the accused has examined four witnesses, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d out that since the accused/Appellant is in jail, as such, there is no question on his part to protract the trial. It is further submitted on behalf of the Appellant that the Appellant was initially detained on 24.10.2013 illegally by the police at the instance of the complainant, to settle the property dispute with the complainant and his brother. On this Writ Petition (Criminal) No. 1888 of 2013 was filed before the High Court for issuance of writ of habeas corpus. It is further pointed out that the High Court, vide its order dated 25.10.2013, appointed Warrant Officer, and the Appellant was released on 25.10.2013 at 10.25 p.m. Immediately thereafter FIR No. 232 dated 25.10.2013 was registered at 10.35 p.m. regarding alleged molestation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved. 11. The object of Section 294 Code of Criminal Procedure is to accelerate pace of trial by avoiding the time being wasted by the parties in recording the unnecessary evidence. Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence. Word document is defined in Section 3 of the Indian Evidence Act, 1872, as under: 'Document' means any matter expressed or described upon any substance by mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord. (c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act. 14. In view of the definition of 'document' in Evidence Act, and the law laid down by this Court, as discussed above, we hold that the compact disc is also a document. It is not necessary for the court to obtain admission or denial on a document Under Sub-section (1) to Section 294 Code of Criminal Procedure personally from the accused or complainant or the witness. The endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 Code of Criminal Procedure. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht to be proved by the defence but, in the facts and circumstances of the case, as discussed above, we are of the view that the courts below have erred in law in not allowing the application of the defence to get played the compact disc relating to conversation between father of the victim and son and wife of the Appellant regarding alleged property dispute. In our opinion, the courts below have erred in law in rejecting the application to play the compact disc in question to enable the public prosecutor to admit or deny, and to get it sent to the Forensic Science Laboratory, by the defence. The Appellant is in jail and there appears to be no intention on his part to unnecessarily linger the trial, particularly when the prosecution witnesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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