Proof of foreign public documents requires original access for effective cross-examination where the prosecution relies on them.

Foreign public documents relied upon by the prosecution must still satisfy statutory proof requirements, even when received through official inter-governmental channels and presumed genuine. Section 78(6) of the Indian Evidence Act contemplates proof by original or certified copy with proper certification, while Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act recognises notarial acts by Indian diplomatic officers abroad. Where such documents form the foundation of the prosecution case, denial of access to the originals can prejudice the defence and impair effective cross-examination. A limited request for inspection of relied-upon documents should not be refused merely because it may delay trial.

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Issues: Whether the accused was entitled to production and inspection of the original foreign documents relied upon by the prosecution during cross-examination of the complainant, in light of the requirements for proof of foreign public documents and the right to effective cross-examination.

Analysis: The foreign documents were received by the department through official inter-governmental channels, which lent them a strong presumption of genuineness, but did not dispense with the statutory requirements governing proof of foreign public documents. Section 78(6) of the Indian Evidence Act, 1872 contemplates proof by original or certified copy with appropriate certification, and Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 recognizes notarial acts of Indian diplomatic officers abroad. Since the documents formed the foundation of the prosecution case, denial of access to the originals could prejudice the defence and impair effective cross-examination. The request was limited to inspection of documents already relied upon and did not justify refusal merely on the ground that it might delay the trial.

Conclusion: The accused was entitled to production and inspection of the originals of the relied-upon foreign documents during cross-examination.

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