CRLA/268/2022
2023 Latest Caselaw 2664 UK

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      Date                                       COURT'S OR JUDGES'S ORDERS
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                                  IA No. 4 of 2023
                                  With
                                  CRLA No. 268 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Yogesh Kumar Pacholia, Advocate, for the appellant.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

This instant Criminal Appeal has been preferred by the appellant being aggrieved, against the judgment of conviction dated 1st July, 2022, as it has been rendered in Special Sessions Trial No. 24 of 2018, State Vs. Rahul.

At the stage, when the trial was being conducted, a DNA test was conducted, and as a consequence thereto, the Forensic Science Laboratory, Uttarakhand, Dehradun, had submitted its report, which was taken on record as paper Nos. 48 Ka/2 to 48 Ka/3, but unfortunately, it was not marked as an exhibit to be read in evidence, as such, it necessitated the applicant to file Application No. 4 of 2023, praying for, that the two documents, which were on record before the Trial Court, they may be permitted to be read in evidence at an appellate stage, though not marked as exhibit.

Learned counsel for the applicants submits, that the Misc. Application No. 4 of 2023, would be falling within the ambit of the provisions contained under Sub-section (1) of Section 293 of the Cr.P.C., and any document, which is necessary to be considered as submitted by the Government Scientific Expert can be considered even at the stage of deciding the Appeal, could be taken on record to be read in evidence at the stage when the Appeal itself is argued on merits.

While on the other hand, the learned Government Advocate, has expressed an apprehension that in an event, if at this stage, the DNA report, i.e. Paper Nos. 48 Ka/2 to 48 Ka/3 is permitted to be marked as an exhibit, then the matter would be required to be remitted back for the purposes to examine the creator of the documents for the purposes of testifying its contents. This expression made by the Government Advocate is overruled because, the authority which has been given under Sub-section (4) of Section 293, which would be inclusive of the authorities of the Forensic Science Laboratory, they are not required to be examined once the document, even if, it is taken on record at an appellate stage, as it has been envisaged by the judgment as reported in 1997 (2) Crimes 648, M/s Visakha Agro Chemical (P) Ltd. and others Vs. Fertilizer Inspector-cum- Assistant Director of Agriculture (Regular) Visakhapatnam and another, could be considered at appellate stage.

In view of the argument extended by the learned counsel for the parties, this Court is of the view, that for the purposes of having an effective adjudication of an Appeal, and particularly, when the consideration of the DNA report, would play a pivotal role in deciding the matter on its own merit, the said document is permitted to be taken on record exclusively to be considered in the Appeal to be read as an exhibit at the time when the appeal itself is decided on merits.

Subject to the aforesaid, the Application No. 4 of 2023, and the consequential objection filed by the Government Advocate, would stand disposed of.

List this Criminal Appeal for consideration of the Bail Application in the week commencing 9th October, 2023.

(Sharad Kumar Sharma, J.) Dated 12.09.2023 Shiv