Access to unmarked investigation documents may be granted where denial would prejudice the defence and fairness of trial.

An accused may seek inspection of unmarked and unexhibited documents forwarded to court with the police report, because the disclosure scheme under sections 173(5), 173(6) and 207 of the Code supports fair investigation and fair trial under Article 21. The right is not unlimited, but where the documents are in court custody, are relevant to the defence, and may affect answers under section 313, denial of access can create a reasonable perception of prejudice. The stage of the request, by itself, does not defeat inspection if the request is bona fide and necessary to prevent unfairness.

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Issues: Whether the accused was entitled to inspect the unmarked and unexhibited documents forwarded to court during investigation, and whether such access could be granted during the course of examination under section 313 of the Code of Criminal Procedure, 1973 to protect the right to a fair trial.

Analysis: The statutory scheme requires the investigating agency to forward relevant materials with the report under section 173(5), permits exclusion only in the limited manner contemplated by section 173(6), and obliges supply of the specified documents under section 207. The right of disclosure is not unlimited, but it is a material facet of fair investigation and fair trial protected by Article 21. Where documents are in the custody of the court, have been forwarded with the police report, and are said to bear on the accused's answers under section 313, denial of access may create a reasonable perception of prejudice. The stage at which the request is made does not by itself defeat the claim if the court is satisfied that the request is bona fide and necessary to avoid unfairness.

Conclusion: The accused was entitled to inspection of the unmarked and unexhibited documents, and the request could not be rejected merely because it was made at the stage of examination under section 313.

Ratio Decidendi: An accused may be granted access to documents forwarded to court with the investigation report but not relied upon by the prosecution, where denial of access would reasonably prejudice the defence and impair the fairness of the trial.

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