Tuesday 2 October 2012

accused can be supplied copies of document in complaint case


There cannot be

any discrimination between the accused in a complaint case and

accused in police case so far as criminal justice system is concerned.

They be treated on par with each other. To raise a proper defence and

cross examine the concerned witnesses is a legal and lawful right of the

accused. The accused cannot be deprived of his right to study the

documents on which the prosecution or complaint case rests. Non-



supply of relevant documents relied upon by the police or the


complainant to accused amounts to denial of fair trial and justice.

Hence, sec. 207, Cr.P.C. needs to be construed and interpreted

harmoniously with sec. 208, Cr.P.C. so as to achieve the object of

As a sequel, 'police report' appearing in section 207, Cr.P.C.

needs to be construed to have impliedly taken in its arms the word

'complaint' too. If the prejudice is likely to cause to accused or fair trial is

not possible due to non-supply of documents to accused, the Court do

supply the concerned documents to accused with the devout object of

justice
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