TaxTMI 
TaxTMI 
2015 (11) TMI 1896
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.... Kaithal, in Sessions Case No. 33 of 2014, and rejected the application of the accused for getting exhibited the compact disc, filed in defence and to get the same proved from Forensic Science Laboratory. 2. We have heard learned Counsel for the parties and perused the papers on record. 3. Briefly stated, a report was lodged against the Appellant (accused) on 25.10.2013 at Police Station, Civil Lines, Kaithal, registered as FIR No. 232 in respect of offence punishable Under Section 354 of the Indian Penal Code (Indian Penal Code) and one relating to Protection of Children from Sexual Offences Act, 2015 (POCSO) in which complainant Munish Verma alleged that his minor niece was molested by the Appellant. It appears that after investigation,....
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....ed the same vide order dated 21.2.2015 and the same was affirmed, vide impugned order passed by the High Court. 5. Learned Counsel for the Appellant argued before us that the accused has a right to adduce the evidence in defence and the courts below have erred in law in denying the right of defence. 6. On the other hand, learned Counsel for the complainant and learned Counsel for the State contended that it is a case of sexual abuse of a female child aged nine years by his uncle, and the accused/Appellant is trying to linger the trial. 7. In reply to this, learned Counsel for the Appellant pointed out that since the accused/Appellant is in jail, as such, there is no question on his part to protract the trial. It is further submitted on b....
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....ot. 10. Section 294 Code of Criminal Procedure reads as under: 294. No formal proof of certain documents. -- (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) The list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the pers....
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....ourt that tape-records of speeches were "documents", as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it. (b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record. (c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act." 14. In view of the definition of 'do....
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....the petition), it is evident that in reply to second last question, the accused has alleged that he has been implicated due to property dispute. It is also stated that some conversation is in possession of his son. From the record it also reflects that Dhir Singh, Registration Clerk, Vipin Taneja, Document Writer, Praveen Kumar, Clerk-cum-Cashier, State Bank of Patiala, and Saurabh Verma, son of the Appellant have been examined as defence witnesses and evidence in defence is in progress. 16. We are not inclined to go into the truthfulness of the conversation sought to be proved by the defence but, in the facts and circumstances of the case, as discussed above, we are of the view that the courts below have erred in law in not allowing the a....