officer
enumerated under sub-section (4) of
Section 293 of the Code of Criminal
Procedure and, therefore, in the absence of
his examination such report ... officer enumerated under sub-
section (4) of section 293 . What sub- section
4 of Section 293 envisages is that the court
to accept the documents
argued the Assistant Government Examiner is not included
under sub section (4) of Section 293 Cr.P.C., hence his report is not
admissible ... statements under Section 161 Cr.P.C. and lastly such report
does not fall within the ambit of Section 293 Cr.P.C.
10. Heard
tendered in evidence though the same is
admissible under Section 293 Cr.P.C. A Division Bench of the Delhi
High Court in Dharam ... State , (2011) 125 DRJ 417, has
held that in view of Section 293 Cr.P.C. the said report need not be
proved by summoning
senior scientific
expert conducting the CFSL is not covered under Section 293
Cr.P.C. Further, the appellant maintains that prior to sending
the dead
admissible in evidence under Section 293
of the Code of Criminal Procedure. Under Section 293 of the
Code of Criminal Procedure, any document purporting ... under the
Code and therefore, there is no bar for receiving the expert
opinion Under Section 293 of the Code of Criminal
Procedure. Under Section
appellants in their statements under Section 313 of the
Code of the Criminal Procedure, 1973 ( Cr.P.C .). Referring to State ... Court.
16. Section 293 of the Cr.P.C. reads as under:-
"293. Reports of certain Government scientific experts.
Crl.A.Nos.544/2011
report of
Crl. Appeal No. 80 of 2001 Page 3 of 16
the CFSL per se is not admissible under Section 293 ... provided to the Appellant on 12th October, 1999. Under
Section 293 Cr.P.C., a report of an expert is per se admissible, without
examination
appellant on the ground of its inadmissibility in evidence under Section 293 Criminal Procedure Code . Admittedly, this report is not by a Director or Deputy ... Director of Forensic Science Laboratory as contemplated by Section 293 of the Code of Criminal Procedure. Perusal of the said report shows that the same
away accepted and read in evidence in view of Section 293 of the Criminal Procedure Code inasmuch as the said report does not pertain ... officer or the expert, contemplated by sub- section 4 of Section 293 of the Code of Criminal Procedure and that the accused did not have
learned Trial Court has used the FSL report as evidence under
Section 293 Cr.P.C. to link the jeans pant and underwear of Sant ... Court and no witness tendered and proved the said document.
Section 293 Cr.PC permits proof of a document in the absence of the experts