Is
a criminal court bound to entertain the plea of accepting additional evidence?
In a recent judgment, the Supreme Court answered the question in negative.
In
a ground breaking development in the already long and controversial Arushi Talwar murder case, a
two judge bench of the Hon'ble Supreme Court comprising of Dr. B.S.
Chauhan and S.A. Bobde, JJ rejecting the plea of the petitioners seeking
for the reports of the Narco-analysis tests, brain mapping tests, polygraph
tests, lie detector tests and psychological tests conducted on the 3 persons
arrested for allegedly helping the petitioners in the commission of the
offence,recently held that the petitioners
were adopting dilatory tactics in the trial as the learned Trial Judge who has
been conducting the trial is likely to retire very soon.
In
order to arrive at the conclusion the Court considered the fact that the
petitioners had not raised any previous objection regarding non-supply of the
reports and documents allegedly proved by the witnesses to them or them not
being made part of the Court record. They had even participated in the
examination and cross-examination of two witnesses. The Hon'ble Court opined
that criminal courts are not
obliged to accede to the request made by any party to entertain and allow
application for additional evidence and in fact, are bound by terms of Section
233(3) Cr.PC. to refuse such request if it appears that they
are made in order to vex the proceedings or delay the same.
The
full order of the court can be found here
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