Punjab-Haryana High Court
Avinash Chander vs State Of Haryana on 6 July, 2012
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
CRR No.1381 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR No.1381 of 2012 (O&M).
Decided on: July 06, 2012.
Avinash Chander
.. Petitioner
VERSUS
State of Haryana
.. Respondent
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
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PRESENT Mr.Chiranji Lal, Advocate, for the petitioner.
Ms.Shalini Attri, DAG., Haryana.
M.M.S. BEDI, J. (ORAL)
Petitioner after having been convicted for an offence under Section 409 IPC, filed first appeal. The main allegation against the petitioner is that he had been entrusted with diesel in his official capacity but he had embezzled 208 litres of diesel which was found being carried in a truck No.HYR 808 whereas the driver of the truck refused to own the said truck and 208 litres of diesel.
The petitioner filed an application under Section 391 Cr.P.C. To produce Log Book containing entry regarding 208 litres diesel in defence. The lower appellate Court has dismissed the application observing that an attempt is being made by the petitioner in the garb of leading additional evidence to fill in lacuna in the case of the accused. The above said approach of the lower appellate Court appears to be illegal. It is the prosecution who has to prove the case beyond reasonable doubt. At the same time, the accused has ...1 CRR No.1381 of 2012 (O&M) got a right to produce relevant defence evidence. In the present case, if it is permitted to be produced by the accused under Section 391 Cr.P.C., it will enable the Court to arrive at a just conclusion and would be in the interest of justice as the Log Book sought to be produced is alleged to be kept in the ordinary course of business having nexus with the alleged diesel. It will always be open to the prosecution agency to impeach the credibility of the document sought to be produced and to establish that the Log Book produced is not sufficient enough to create any doubt in the case of prosecution. If the Log Book is produced, it will not permit the accused to fill in any lacuna but would rather give an opportunity to the Court to arrive at a fair conclusion. The impugned order dated 27.2.2012, is hereby set aside and it is ordered that the petitioner will be permitted to prove the Log Book in accordance with law before the lower appellate Court. The prosecution agency will be given a fair opportunity to establish that the document sought to be produced before the Court is inadmissible, irrelevant or fabricated.
The parties are directed to appear before the lower appellate Court on the date already fixed.
Disposed of.
(M.M.S.BEDI) JUDGE July 06, 2012.
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