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TMI Blog2005 (12) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... the prosecutrix lodged a complaint against the petitioner and others before the Mahila Thana and the Police Station, Murlipura, wherein she alleged sexual exploitation by them. On the basis of the complaint lodged at Police Station Murlipura, a formal FIR, FIR No. 333/2004, was registered for offences under Sections 342, 376(g), 323, and 328 IPC against the petitioner and others. Moreover, during the course of investigation, on information furnished by the accused petitioner, the police had recovered certain photos, love letters between the prosecutrix and the accused petitioner, some STD bill slips and a ledger book. In fact, the police had not only made a recovery memo, of the said recovery, but had also prepared a site plan of the place of recovery. Thus, the police had in its possession the earlier report lodged by the prosecutrix's father, the report lodged by the prosecutrix at Mahila Thana, and the documents, which were recovered at the petitioner's instance. However, when the police filed the charge sheet against the petitioner, it did not submit these documents along with the said charge sheet. In case these documents were produced, they would probablize the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conomic and political. Justice and liberty are inextricably inter-related. Both are essential for the protection of the individual, for the protection of democracy. In democracy, Justice is the protection of peoples' liberty. For, a liberty deprived without reason, without procedure established by law, is injustice. Justice does not exist in a vacuum. It needs to be protected, promoted and delivered for the benefit of the people. The raison d'etre (the reason for being) of any court is to do complete justice to the people. Thus, the judiciary, called the archangel of the rights of the people, has to be committed to the cause of Justice. 7. Even while exercising criminal jurisdiction, the court cannot forget the inter-relationship between the Constitutional mandate to protect liberty of the people and to do justice with them. If it ignores the Constitutional mandate, it does so at its own peril. For, then the people loose faith in the judiciary. The judiciary looses its relevance and its legitimacy, its reason for existence. 8. The Code prescribes an elaborate procedure for protecting the liberty of the accused and for protecting the interest of the society. The first prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 173 of the Code imposes a duty on the police to submit the charge sheet against the accused person. Further, Sub-section (5) reads as under: (3) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the magistrate along with the report- (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses. Sub-Section (6) reads as under: (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. 12. Sub-section (6) permits the Investigating Agency to withhold that portion of the statements recorded by them under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieved 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) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed-- (a) to affect Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers' Book Evidence Act, 1891 (13 of 1891) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority. 14. A bare perusal of the Section reveals firstly, that it is not subjected to Section 172 and Section 173 of the Code. Therefore, the prohibitions contained in Sections 172 and 173 of the Code do not crib, cabin and confine the powers of the Court under Section 91 of the Code. Secondly, a purposive interpretation has to be given to Section 91. This provision empowers the Court to summon the production of documents or things which the Court considers "necessary or desirable for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication has been moved with ulterior motive, then it should reject the application. Naturally, the discretion vested in the Court must be applied judiciously, while keeping in mind the Constitutional mandate, and the purpose of Section 91 of the Code. The Court is not expected to reject the application in a mechanical manner. Since rejection of such an application is subject to the scrutiny of higher Courts, the Trial Court must assign reasons for rejecting the application under Section 91 of the Code. 15. At times, the prosecution has used the loophole in the law, in the garb of using the power and Section 173 of the Code, to withhold those documents, which weaken their case against the accused. However, such a free exercise of power is against the spirit of the Code. Once a person has been accused of the commission of an offence, it is for the investigating agency to discover if in fact the offence has been committed by the said offender or by someone else. Like an archeologist, the investigator must brush layers of evidence to reach the truth. But in his endeavor to book the accused, he cannot collect one- sided evidence and present it to the court. For the investigating agenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the code is a general and wide power which empower the court, the production of any document or any other thing at any stage of any investigation, inquiry or other proceedings under the Cr.P.C. It is no doubt true that the legislature has circumscribed this power to be exercised only where the court considers that the summoning of such document or things was necessary or desirable in its view, then the court could pass an order both in favor of the accused as well as the prosecution. It is no doubt true that such power would not be exercised where the documents or thing may not be found relevant or it may be for the mere purpose or delaying the proceedings or the order is sought with an oblique motive." Similar view has also been expressed in Rajesh Prasad v. State of Rajasthan 1998 (Supp) Cri.L.R. 265. 19. In the instant case the earlier report lodged by the prosecutrix's father on 13.9.04 can be used by the accused petitioner to confront the father when he steps into the witness box. The report lodged by the prosecutrix at Mahila Thana would also shed some light on the controversy in issue. Similarly, the documents recovered by the police at the instance of the accu ..... 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