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Documents citing Suresh Kalmadi vs Cbi on 19 January, 2012

Prince vs State Of Punjab on 16 August, 2023

"As far as the contention of learned State counsel to the effect that the said document i.e. call detail record and tower location record can only be supplied to the petitioner at the stage of recording defence evidence is concerned, this Court somehow cannot accept the aforesaid contention inasmuch as the accused has to build up his defence right from the very inception after charges are framed. It is not that defence has to be build up only at the stage of recording of statement under Section 313 Cr.P.C. or at the stage of recording defence evidence, but the same can well be built up right from the stage of cross-examination of the prosecution witnesses when the accused would be confronting the prosecution Page 3 of 4 3 of 4 ::: Downloaded on - 22-08-2023 22:14:34 ::: Neutral Citation No:=2023:PHHC:106661 CRM-M-49365-2022 2023: PHHC: 106661 witnesses with all such material which could demolish their deposition. If the accused can be permitted to have access to these documents at the stage of recording defence evidence, then this Court does not see any rationale in depriving accused access to such documents at the stage of cross-examining prosecution witnesses so as to build up his defence. Hon'ble Delhi High Court in Suresh Kalmadi Vs. CBI 2015(8) RCR 378, in an identical situation where a request for furnishing call details at the stage of recording prosecution evidence had been declined held that since the accused has to build up his defence from day one, therefore, such documents ought to be supplied to the accused and consequently set aside the order of the trial Court, while directing that call details record be furnished to accused."
Punjab-Haryana High Court Cites 10 - Cited by 0 - Full Document
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