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Showing contexts for: section 294 CRPC in Naveen Panchal vs State Of Nct Of Delhi on 3 October, 2024Matching Fragments
16. The purpose of Section 294 Cr.P.C. is to accelerate the pace of trial by avoiding the time being wasted in examining the signatory of the document filed by either of the parties to prove his signature and correctness of its contents, if its genuineness is not disputed.
17. It is no doubt true that Section 294 Cr.P.C. is applicable to both the prosecution as well as the accused, but it does not define the stage at which the Section 294 can be invoked. From the entire scheme of Cr.P.C. it is quite evident that immediately after framing of charge or anytime thereafter during the Trial, Section 294 Cr.P.C. can be invoked by the prosecution or the accused. Either party to the criminal proceedings,is at liberty to file such documents and call upon the other party to admit and deny the genuineness of each document which may or may not be accepted, thereby leaving it to the concerned party to prove the documents in accordance with law.
19. Reference may also be made to the decision of the Co-ordinate Bench in the Case of Mohan Lal Singhal vs State (Delhi Administration), 1996 JCC 129 wherein similar question in regard to the admission/denial of the documents of the accused under Section 294 Cr.P.C., was considered. It was observed that it would not be correct to state that Section 294 Cr.P.C. makes it apparent that the documents can be filed at any stage and a party, both accused and the prosecution, could be called upon to admit or deny the genuineness of such documents. Where the genuineness of such documents is not disputed, the same can be read in evidence in any inquiry, trial or other proceedings. Even the documents submitted along with the Report under Section 173 Cr.P.C. can be put to the accused to admit or deny the genuineness thereof. It was concluded that the acceptance of any argument to the contrary would be defeating the object of the Section 294 Cr.P.C.
21. The Apex Court in the case of Shamsher Singh Verma vs. State of Haryana (2016) 15 SCC 485 also observed that endorsement of admission or denial on behalf of the counsel for the accused on a document filed by the prosecution, is sufficient compliance of Section 294 Cr.P.C.
22. Further, the right to seek admission denial is neither restricted to any particular stage nor is it confined to be availed only at one time. The Full Bench Judgment of the Allahabad High Court in Saddiq and Ors. vs. State, 1981 CRI.L.J.379 succinctly explains that the word 'any' appearing before the word 'document' makes sub-section (1) of Section 294 Cr.P.C., applicable to all documents filed by the prosecution or the accused irrespective of their nature and character, which can be filed indefinite number of times. Section 294 of Cr.P.C. does not limit the filing of the documents by the accused to one time and can be resorted to at any time after the charge is framed and for any number of times. Of course, it goes without saying that this right is circumscribed by the jurisdiction of the court to disallow the filing of the documents or their admission denial, if found to be irrelevant or an abuse of process of law or tantamount to dilatory tactics.
24. Further, it is evident from a plain reading of sub-section (3) of Section 294 Cr.P.C., that those documents filed by the prosecution or the accused under sub-section (1) of Section 294 Cr.P.C., whose genuineness is not disputed by the opposite party, such documents may be read in evidence.
25. In Saddiq and Ors. (supra)is was also held thatSub-section (3) of Section 294 Cr.P.C. applies to private document and not public documents, since there does not arise any question of proving signatures in the certified copies of public documents. However, even if the genuineness of such a document filed under sub-section (1), Cr.P.C. is not disputed by the opposite party, it does not prevent the Court or the parties to summon such witness to prove its content.