Published on: November 15, 2023 at 12:20 IST
Court: Supreme Court of India
Citation: State of Karnataka V. T. Naseer (2023)
Honourable Supreme Court of India has held that the prosecution can file Section 65B of the Indian Evidence Act, 1872 certificate at any given stage of the trial. It is held that though, the prosecution is obligated to supply all documents upon which reliance may be placed to an accused before commencement of the trial., however, Criminal Courts can permit the evidence to be filed at a later stage should not result in serious or irreversible prejudice to the accused. A balancing exercise in respect of the rights of parties has to be carried out by the court, in examining any application by the prosecution under Sections 91 or Section 311 of the Code of Criminal Procedure, 1973 or Section 165 of the Indian Evidence Act, 1872.
15. Fair trial in a criminal case does not mean that it should be fair to one of the parties. Rather, the object is that no guilty should go scot-free and no innocent should be punished. A certificate under Section 65-B of the Act, which is sought to be produced by the prosecution is not an evidence which has been created now. It is meeting the requirement of law to prove a report on record. By permitting the prosecution to produce the certificate under Section 65B of the Act at this stage will not result in any irreversible prejudice to the accused.
The accused will have full opportunity to rebut the evidence led by the prosecution. This is the purpose for which Section 311 of the Cr. P.C. is there. The object of the Code is to arrive at truth. However, the power under Section 311 of the Cr. P.C. can be exercised to subserve the cause of justice and public interest. In the case in hand, this exercise of power is required to uphold the truth, as no prejudice as such is going to be caused to the accused.
Drafted By Abhijit Mishra
