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"10. It is clear from the above that the CBI had seized
some hard disks marked Q-2, 9 and 20 from the premises
of the appellant which contained the source code of the
data recovery software. Defence of the appellant is that
this source code was exclusively prepared by him and
was his property. On the other hand, case of the
prosecution is that the recovered CDs are in fact same or
similar to the software stolen in 2005. In a case like this,
at the time of trial, the attempt on the part of the
prosecution would be to show that the seized material,
which contains the source code, is the property of the
complainant. On the other hand, the appellant will try to
demonstrate otherwise and his attempt would be to
show that the source code contained in those CDs is
different from the source code of the complainant and
the seized material contained the source code developed
by the appellant. It is but obvious that in order to prove
his defence, the copies of the seized CDs need to be
supplied to the appellant. The right to get these copies is
statutorily recognised under Section 207 of the Code,
which is the hallmark of a fair trail that every document
relied upon by the prosecution has to be supplied to the
R/SCR.A/9907/2019 ORDER DATED: 18/06/2021
defence/accused at the time of supply of the chargesheet
to enable such an accused to demonstrate that no case is
made out against him and also to enable him to prepare
his cross-examination and defence strategy. There is no
quarrel up to this point even by the prosecution. The
only apprehension of the prosecution is that if the
documents are supplied at this stage, the appellant may
misuse the same."