Accused has the right to seek documents gathered during investigation: HC

The Bombay High Court ruled that an accused person has the right to access any materials or documents gathered during an investigation, even if they are not included in the chargesheet. The court stated that these documents could potentially prove the accused's innocence and should be made available to them. The decision came in response to a petition filed by a man accused of rape, who claimed that the police had deliberately withheld evidence that proved his innocence. The court directed the sessions court to ensure that all relevant documents are produced before the court.

MUMBAI: The Bombay high court recently ruled that an accused should be able to seek access to any materials or documents gathered during the investigation, regardless of whether the investigating officer attaches the same to the chargesheet.

Accused has the right to seek documents gathered during investigation: HC

The court stated that this is because the documents collected during the investigation could be potentially exculpatory and could cause serious prejudice if not made available to the accused.

“Once the accused is aware that any material/documents collected during the investigation which has the potential of absolving him of the guilt and which is made known to him through the list of documents, exhibits, etc. furnished in terms of the explanation to Rule 4 of the Draft Rules, then the accused is entitled to seek those documents through an application under Section 91 of the Code”, the court said.

A bench of justice Bharti Dangre, while upholding the rights of the accused, directed the sessions court to ensure that the material and documents provided by the accused himself should be produced before the court.

Once the investigation was complete, a charge sheet was filed with the court. However, this was selectively curated, according to the accused. The police hadn’t included certain WhatsApp messages and i-messages shared by the accused during the investigation that prove the falsity of the allegations made by the woman.

The police, according to the accused, deliberately withheld the documents that proved his innocence. Once he realized this, he filed an application before the sessions court seeking the production of these documents. The sessions court, however, refused to grant relief because the documents were already with the accused, and he could produce them during the trial.

Justice Dangre accepted his contentions and noted that the police are bound by Rule 4 of the Draft Guidelines under the Criminal Procedure Code approved by the Apex Court, which mandates that a list of documents collected during the investigation of a crime but not intended to be relied on by the investigative officer, be furnished to the court.

“Once such a list is furnished, it is the right of the accused to seek production of the documents provided in the list,” the court said and directed the sessions court to seek the documents from the investigating officer, “as the documents are necessary and desirable for the trial, which is exculpatory in nature and would enable the accuse to prove his innocence, though it is at the stage of framing of charge, as this will assure him, fairness in the trial.”