Accused is entitled to seek copies or production of document


Accused is entitled to seek copies or production of documents on which prosecution does not rely

 
  The ratio of
the aforesaid decision cannot be said to be that the accused is not
entitled to seek copies or the production of documents on which the
prosecution does not rely, for the purpose of establishing or supporting
his defence. What the aforesaid judgment lays down is that so far as
the   documents   which   are   relied   upon   by   the   prosecution   are
concerned,  there  would  be  no  question  of  not  furnishing  copies
thereof  to  the  accused,  and it  would  be  the  statutory  duty  and
obligation of the prosecution as well as the Court to see that the
accused is furnished with the copies of all such documents;  but this
positive assertion cannot be construed as laying down a negative,
namely, that  the accused under no circumstances can seek copies or
production of documents on which the prosecution does not rely.  All
that the judgment lays down is that with respect to the documents,
which   are   not   relied   upon   by   the   prosecution,   there   being   no
statutory duty cast upon the prosecution to furnish such documents
to the accused,  the question of furnishing copies of such documents
would depend on what would be fair and just in a given situation.
That the documents relied upon by the prosecution must essentially
be furnished to the accused, does not mean that other documents,
howsoever important  they may be  from  the point of view of  the
accused,   need   not   be   given   to   him   though   available   with   the
prosecution.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.973 OF 2012
 
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