Can we got case diary copy from court


Hi,

We have facing a case against us u/s 498a/304b/306, we have received c/s copy from ACJM Court ,with c/s we have received 161 statement of wittness,P.M report,forensic report,visra report,fir copy,complainant letter for fir,seizure list,.

I want to know that can we got case diary copy from court ,supplementary statements recorded by I.O u/s 161.

Please give your advice .

Thanks

 
Reply   
 
Advocate

You cannot get the copy of case diary since it is a privileged document under Section 172 of Cr.P.C.

 

But, you are entitled to get copies of the supplementary statements of the witnesses recorded under Section 161 of Cr.P.C.

 
Reply   
 



Thanks Sonia Madam,

One thing i want to know that burden of proof on whom in 498a/304b/306 case. Accused will proov that he is innocent or complaintant will proov this.

 
Reply   
 
Advocate

Generally speaking, the burden of proof lies on the prosecution (or the complainant) side. However, for some offences, there are special provisions for burden of proof.

 

For offence under Section 498A of IPC, the burden of proof is always on the prosecution.

 

For offence under Section 304B of IPC, one has to refer to Section 113B of the Evidence Act for burden of proof. As per this section, when the question is whether a person has committed the dowry death of a woman (i.e., Section 304B IPC) and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Thus, in the above-mentioned circumstances, the burden of proof shall shift to the accused in offence under Section 304B of IPC. Here, the words used are “shall presume that” which means that it is binding on the court to place the burden on the accused if the above conditions are satisfied.

 

For offence under Section 306 IPC, generally the burden is on the prosecution only. However, if the offence under Section 306 IPC has been committed in respect of abetment to suicide by a married woman within 7 years of marriage, in that case the burden of proof will be dependent on the conditions mentioned in Section 113A of the Evidence Act. As per this section, when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband (i.e., Section 306 IPC is committed) and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Therefore, if the above conditions are satisfied, the court may presume, depending upon other circumstances of the case, which means that it is not binding on the court but a discretion is given to the court, and if the court so presumes exercising this discretion then the burden will be on the accused to prove his innocence.

 

 

 
Reply   
 

Thanks a lot for giving your valuble reply.

In my case I.O has filed C/S u/s 498a/306/406 after some time he filed a supplementrary c/s u/s 304b , added this word only that after filing c/s i find some evidence so i am filing suppl c/s u/s 304b. But in the name of evidence in  suppl c/s there is no new statements or no any other changes from ist c/s all the matter is same, so i want to know that is it proper ground for giving suppl c/s.

 
Reply   
 

Dear Anil,

1. First go for regular Bail from Seassion / High court.

2. At that time bail , police will produce the copy of charge sheet.

3. That Charge Sheet is final report or complete investigation of Police.

4. You will get the copy that charges sheet on court with nominal fees in copy section.

5. Charges sheet includes all the papers related to your case.

6. Than session trail will start.

 
Reply   
 
Advocate

The relevant provision relating to submission of supplementary charge sheet is contained in Section 173(8) of the Cr.P.C., which is reproduced below:

 

"173(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)."

 

It is clear from this provision that supplementary charge sheet can be submitted after conducting further investigation and the I.O. is required to also enclose further evidence along with the supplementary charge sheet. Therefore, it is does not appear to be correct on the part of the I.O. to simply add a new section under 304B of IPC in the charges without conducting any further investigation. In any case, when the charges are framed by the court in your case, at that time you can oppose the framing of the charge under Section 304B if you feel that there is no evidence under that section. Ultimately, it is the charges that are framed by the court that will matter, and you'll get full opportunity to submit your detailed arguments.


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Reply   
 

Thanks Madam,

I want to know about word written by i.o in supl c/s that he find some new evidence ,if any evidence has been found against us then I.O will give detail in c/s or not that what type of evidence he found. from where we know about new evidence.

My case is in ACJM court & we all received c/s copy ,next date our case will be commit to sesson court. So please give your advive.

 
Reply   
 
Advocate

Whatever new evidence has been found by the I.O., he has to submit that to the court at the time of submitting supplementary charge sheet. So, if he has written something in the supplementary chargesheet about any such new evidence, he is bound to submit the same in the court.

 

Moreover, under the provisions of Section 207 of Cr.P.C., the Magistrate is required to furnish copies of all such evidence to the accused without delay. It is pertinent to point out that even if the case is a Session-triable case which has to be committed to the Sessions Court, it is the Magistrate who is supposed to supply copies of the statements / documents / charge sheet to the accused under Section 207 Cr.P.C. Usually, the I.O. prepares these extra sets of the papers to be given by the Magistrate to the accused persons. So, you can request the Magistrate / ACJM (before he commits the case) to supply copies of all new evidence collected by the I.O.

 

Section 207 Cr.P.C. is reproduced below for a ready reference:

 

207. Supply to the accused of copy of police report and other documents.— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

 

(i) the police report;

(ii) the first information report recorded under Section 154;

(iii) the statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173;

(iv) the confessions and statements, if any, recorded under Section 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of Section 173:

 

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:

 

 

Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.”

 
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