Shamsher Singh Verma Vs. State of Haryana
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Head Note
The Code of Criminal Procedure, 1973 - Section 294 (1) , The Indian Evidence Act, 1872 - Section 3
Evidence - Compact Disc - Document - Formal proof - Compact disc - 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 - Held that 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 -Appellant is in jail and there appears to be no intention on his part to unnecessarily linger the trial, particularly when the prosecution witnesses have been examined - Orders passed by the courts below liable to be set aside - Accused/appellant shall not be entitled to seek bail on the ground of delay of trial.
The Code of Criminal Procedure, 1973 - Section 294 (1) , The Indian Evidence Act, 1872 - Section 3
Evidence - Compact Disc - Document - Formal proof - Compact disc - Held 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 CrPC personally from the accused or complainant or the witness - 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 CrPC - Similarly on a document filed by the defence, endorsement of admission or denial by the public prosecutor is sufficient and defence will have to prove the document if not admitted by the prosecution - In case it is admitted, it need not be formally proved, and can be read in evidence - In a complaint case such an endorsement can be made by the counsel for the complainant in respect of document filed by the defence.
Topic(s)-Evidence - Compact Disc - Law Clarified