The Rajasthan High Court has observed that an accused cannot be deprived of the opportunity of a fair trial, if any fact comes under the notice of the accused or the Court at a later stage, prior to the conclusion of the trial and if that fact is relevant for just decision of the case then opportunity should be provided to the accused to produce the subject document which could be relevant for just decision of the case. The denial of an adequate opportunity to the accused by non-production of any record, which is admissible under the Indian Evidence Act in criminal trial, would amount to miscarriage of justice.
Justice Anoop Kumar Dhand partly allowed the criminal miscellaneous petition filed by Ranjeet Raigar challenging the order dated 25.04.2023 passed by the learned Special Judge (POCSO Cases), District Jaipur in Sessions Case No. 08/2021 whereby the application filed by the petitioner under Section 91 Cr.P.C. was rejected.
The instant misc. petition is listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan.
By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 25.04.2023 passed by the learned Special Judge (POCSO Cases), District Jaipur in Sessions Case No. 08/2021 whereby the application filed by the petitioner under Section 91 Cr.P.C. has been rejected.
Learned counsel for the petitioner submitted that the prosecutrix was a major lady when the alleged incident occurred. He submits that when the statements of the prosecutrix were recorded before the Court of the Judicial Magistrate under Section 164 Cr.P.C, there also she revealed her age as above eighteen years. Counsel further submits that the prosecutrix has given birth to a child on 08.06.2021 at the Community Health Centre, Phagi, District Jaipur where her age is mentioned as 19 years on 08.06.2021 whereas the date of the alleged offence is 06.03.2020.
The petitioner had sought for the information regarding the birth of the child of the prosecutrix along with the admission ticket of the prosecutrix issued by the Community Health Centre, Phagi under the provisions of Right to Information Act, 2005 and the aforesaid information was provided to him by the Primary Health Officer, Community Health Centre, Phagi, District Jaipur on 17.01.2023, and immediately thereafter, an application under Section 91 Cr.P.C was preferred by the petitioner.
This fact is not in dispute that when the statements of the victim were recorded before Trial Court on 29.02.2021, this fact was not within the knowledge of the petitioner. This fact came into his notice at a later stage. In the considered opinion of this Court, no delay has been caused by the petitioner in filing the aforesaid application. The Court below has rejected the application not on merits but on a technical count.
It is a settled proposition of law that an accused cannot be deprived of the opportunity of a fair trial. Section 91 Cr.P.C. helps in facilitating a fair and just resolution to the case by ensuring that relevant evidence is made available to the Court for making informed decisions and arrive at a just and fair outcome. As principles of natural justice are integral part of fair trial under Article 21 of the Constitution of India, any denial of the best available evidence or effective and substantial hearing to accused in proving defence would amount to denial of free and fair trial.
In the instant case also, an application has been submitted by the petitioner for summoning the admission ticket issued by the Community Health Centre, Phagi wherein the age of the victim is alleged to be mentioned as nineteen years on 08.06.2021. In the considered opinion of this Court, the application submitted by the petitioner needs part acceptance.
The Court below is directed to summon the admission ticket from the Community Health Centre, Phagi, District Jaipur and allow the petitioner with last opportunity to cross-examine the prosecutrix on the aforesaid admission ticket. The Trial Court is directed to fix a date for the said purpose, and thereafter, proceed with the matter in accordance with law.
In view of the above, the impugned order dated 25.04.2023 stands partly modified with the directions stated thereinabove. The instant criminal misc. petition stands disposed of.
Case Details:
Ranjeet Raigar Versus State of Rajasthan & Anr.
S.B. Criminal Miscellaneous (Petition) No. 2586/2023
Date: 26 May 2026
Bench: Justice Anoop Kumar Dhand
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