Section 294 CrPC| Court Need Not Obtain Admission Or Denial On A Document Personally From Accused Or Complainant Or Witness: SC

The Court was hearing a Criminal Appeal assailing the judgment and order of the High Court which allowed the Appeals, to set aside the order of conviction passed by the Trial Court and remanded the matter to the Trial Court to decide the matter afresh.

The bench of Justice Vikram Nath and Justice Prasanna B. Varale observed, “we do not find any error in the judgment of the Trial Court and particularly considering the facts of the present case where the defence repeatedly continued to admit the genuineness of the prosecution documents exempting them from formal proof.”

Brief Facts-

The Appellant lodged an FIR accusing four individuals of murdering his parents which led to their conviction and life imprisonment. The accused appealed, and the High Court ordered a retrial on the grounds of procedural error where the defence admitted prosecution documents without formal proof. Hence, the present Appeal.

The Court mentioned the decision in Sonu alias Amar vs. State of Haryana and quoted, “Section 294 of the Cr.P.C. 1973 provides a procedure for filing documents in a Court by the prosecution or the accused. The documents have to be included in a list and the other side shall be given an opportunity to admit or deny the genuineness of each document. In case the genuineness is not disputed, such document shall be read in evidence without formal proof in accordance with the Evidence Act.”

The Court relied on the decision in Shamsher Singh Verma vs. State of Haryana and quoted, “....It is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 CrPC personally from the accused or complainant or the witness. The endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/ report with which same is filed, is sufficient compliance of Section 294 CrPC. Similarly on a document filed by the defence, endorsement of admission or denial by the public prosecutor is sufficient and defence will have to prove the document if not admitted by the prosecution. In case it is admitted, it need not be formally proved, and can be read in evidence. In a complaint case such an endorsement can be made by the counsel for the complainant in respect of document filed by the defence.”

Accordingly, the Court allowed the Appeals, to set aside the impugned judgment and order of the High Court and restored the Criminal Appeals before the High Court to be heard and decided afresh.