Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC
Judgment dated 4.12.2023 in Criminal Writ Petition (ST) No.17507 of 2023 of Dr. Sublendu Prakash Diwakar Vs. State of Maharashtra
On 14.10.2020, the offence under Sections 376, 376(2)(n), 506 of IPC and Section 66€ of the Information Technology Act was registered on the complaint of a woman that the accused clicked her objectionable photographs, coerced her to accompany to different places & hotels for physical relationship without her consent and against her will.
During the investigation, the accused produced documents / material including whatsapp extract and I-messages exchanged showing the falsity of allegations, photographs, bank transactions, hotel / flight reservations, etc; showing that their relations were mutual.
However, these documents were withheld by the Investigating Officer while filing charge-sheet on 7.1.2022.
By the order dated 29.8.2023, the Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai, rejected the application for the petitioner under Section 91 of the Cr PC read with Section 165 of the Evidence Act, 1872, for production of documents seized by the IO but not filed with the charge-sheet in the trial Court.
HELD that as per Rule 4 of the Draft Rules of Criminal Practice, 2021, a list of statements / documents, material objects and exhibits not relied on by the Investigating Officer is furnished to the accused. Inaction to exercise powers under Section 91 of Code would cause severe and grave prejudice to the accused, who is entitled to summon production of documents.
