Tarachand Verma vs State Of Rajasthan Through P P on 31 July, 2018
The learned counsel for the petitioner has relied upon
the judgment in the case of Davendra Kumar vs. State of
Rajasthan reported as 1990(2) RLR 629. In that case, it was
held that if some record is with the prosecution and if the
prosecution hold back the said record from the court, the court is
duty bound to insist that such record be produced. This judgment
nowhere says that documents produced by the accused during
(3 of 4) [CRLMP-2898/2017]
investigation should be considered. The judgment specifically
stated that if the document is gathered by the investigating
agency which is regarding innocence of the accused, and same is
withheld by the prosecution, same cannot be kept back. Hence,
this judgment is not applicable.