Court Orders Summoning of Documentary Evidence to Ensure Fair Trial for Accused in Light of New Evidence
In a significant judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has partially allowed a petition in the case of Ranjeet Raigar v. State of Rajasthan. The petition sought the summoning of crucial documentary evidence to facilitate a fair trial in a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 376 of the Indian Penal Code (IPC).
The petitioner, Ranjeet Raigar, who is facing trial for serious offences, argued that the prosecutrix was of legal age at the time of the alleged incident. The controversy revolves around the age of the victim, which the petitioner claims to have evidence showing she was above 18 years of age. This claim was substantiated by an admission ticket from the Community Health Centre, Phagi, listing her age as 19 years on the date of her child's birth, which is after the date of the alleged offence.
Initially, the trial court had rejected the petitioner's application to summon this evidence, citing procedural timing issues since the trial was at an advanced stage. However, the High Court emphasized the fundamental right to a fair trial under Article 21 of the Constitution of India. The court noted that the denial of the opportunity to present admissible evidence could lead to a miscarriage of justice.
Justice Dhand highlighted the importance of Section 91 of the Criminal Procedure Code (Cr.P.C.), which allows the court to summon documents that are necessary for a just decision in the case. The court acknowledged that the petitioner's delay in filing the application was due to the late discovery of the evidence and was not intended to stall the trial.
In its order, the High Court directed the trial court to summon the admission ticket from the Community Health Centre, Phagi, and permitted the petitioner a final opportunity to cross-examine the prosecutrix based on this newly summoned evidence. The trial court was instructed to expedite the proceedings in accordance with the law, following the summoning of the document.
This decision underscores the judiciary's commitment to ensuring that trials are conducted fairly and that all relevant evidence is considered before reaching a verdict. The judgment also reflects the court's adherence to the principles of natural justice and the protection of constitutional rights for all parties involved in a legal proceeding.
Bottom line:-
Section 91 Cr.P.C. facilitates a fair trial by ensuring that relevant documentary evidence is made available to the Court, allowing informed decisions and preventing miscarriage of justice.
Statutory provision(s): Section 91 Cr.P.C., Section 482 Cr.P.C., Section 5/6 of the POCSO Act, 2012, Section 376 IPC, Article 21 of the Constitution of India.
Ranjeet Raigar v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2917893
