Prosecution In All Criminal Cases Shall Furnish List Of Statements, Documents, Material Objects & Exhibits Not Relied Upon By Investigating Officer: Supreme Court

In a judgment delivered on Friday, the Supreme Court held that the prosecution in all criminal cases shall furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer.The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a "thirst to reach the case in conviction", the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi remarked.The court made this observation while considering the appeals filed by persons convicted under Section 302 of Indian Penal Code (IPC). The death sentence imposed on them by the Trial Court was confirmed by the High Court of Madhya Pradesh. (The Supreme Court has commuted the death penalty to life imprisonment for a minimum term of 25 years.)While perusing the evidence and the prosecution version of the case, the court noted that a police officer had deposed as defence witness in this case and that there has been concealment of her involvement in the case. The bench, therefore, made observations regarding the role of the public prosecutor, and trial court, in arriving at the truth by way of fair disclosure and scrutiny by inquiry, respectively. Not for a "thirst to reach the case in conviction"The court observed that a public prosecutor (appointed under Section 24 CrPC) occupies a statutory office of high regard. The court said:"Rather than a part of the investigating agency, they are instead, an independent statutory authority who serve as officers to the court. The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a "thirst to reach the case in conviction".The court also extensively referred to the observations made in Siddharth Vasisht @ Manu Sharma v. State of NCT Delhi on the due process protection afforded to the accused, and its effect on fair disclosure responsibilities of the public prosecuton. The court noted the following provisions regarding supply of documents etc. in the draft guidelines approved in Criminal trials guidelines regarding Inadequacies and Deficiencies, in re v. State of Andhra Pradesh: Every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr.PC and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O) in accordance with Sections 207 and 208, Cr. PC. Explanation: The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer.Taking note of this, the court said:"In view of the above discussion, this court holds that the prosecution, in the interests of fairness, should as a matter of rule, in all criminal trials, comply 80 (2021) 10 SCC 598 97 with the above rule, and furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer. The presiding officers of courts in criminal trials shall ensure compliance with such rules."Case detailsManoj vs State of Madhya Pradesh | 2022 LiveLaw (SC) 510 | CrA 248-250 OF 2015 | 20 May 2022Coram: Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M TrivediCounsel: Sr. Adv Anjana Prakash, Adv Shri Singh for the appellants, AAG Swarupama Chaturvedi for the StateHeadnotesDeath Sentence - Practical guidelines issued to collect mitigating circumstances of the accused at the trial stage- The trial court must elicit information from the accused and the state -The state, must - for an offence carrying capital punishment - at the appropriate stage, produce material which is preferably collected beforehand, before the Sessions Court disclosing psychiatric and psychological evaluation of the accused - State, must in a time-bound manner, collect additional information pertaining to the accused -Information regarding the accused's jail conduct and behaviour, work done (if any), activities the accused has involved themselves in, and other related details should be called for in the form of a report from the relevant jail authorities (Para 213-217)Criminal Trial - Sentencing - Public opinion neither an objective circumstance relating to crime, nor the criminal, and the courts must exercise judicial restraint and play a balancing role. (Para 227)Code of Criminal Procedure, 1973 ; Section 235(2) - The sentencing hearing contemplated under Section 235(2), is not confined merely to oral hearing but intended to afford a real opportunity to the prosecution as well as the accused, to place on record facts and material relating to various factors on the question of sentence and if interested by either side, to have evidence adduced to show mitigating circumstances to impose a lesser sentence or aggravating grounds to impose death penalty. (Para 205 -212)Criminal Trial - Draft Criminal Rules Of Practice, 2021- The prosecution, in the interests of fairness,...

Prosecution In All Criminal Cases Shall Furnish List Of Statements, Documents, Material Objects & Exhibits Not Relied Upon By Investigating Officer: Supreme Court

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