How to get evidence on file after arguments on 239 CrPC Application?

[Gunasekaran Ganapathy]

Hello,

A false case u/s 420 is filed against my friend using an altered complaint. The original complaint that he got through RTI is different than the one submitted with Chargesheet as original complaint. He filed an application under section 239 of CRPC for discharge from the criminal proceedings of the said case. Along with other submissions for discharge one was that prosecution/police has provided false information to the Hon’ble Court by submitting altered/forged complaint as original one. He did show the original complaint to the LD Judge during the arguments but his lawyer didn’t submit the original one on file. He said in discharge proceedings u/s 239 the accused can not produce any document outside the chargesheet. The Judge has reserved the date for order. Is there way to bring the documents, which are not on record, on the file before Hon’ble Judge pronounce judgement on charges?

Thanks in advance for the help.

[Dr. Ashok Dhamija]

At the stage of charge-framing or discharge application, the court would generally form its opinion as to whether a prima facie case exists on the basis of the evidence submitted by the prosecution, which is generally what is submitted along with the charge sheet. What you have to show is that no case is made out even when the whole of the prosecution evidence is seen at its face value. This would imply that the prosecution does not have a prima facie case. Defence evidence is not allowed at this stage, since otherwise it would become like a regular trial. But, sometimes, in exceptional situations, some crucial defence documents have been considered at discharge stage itself, though this generally happened only in exceptional situations.

In the facts of your question, you may perhaps have to show that a main prosecution document (i.e., the original complaint) is not genuine and that can be proved only by showing the other copy of the same document. But, please also remember that the prosecution case would depend on the totality of evidence and not merely the complaint. You have to take a call in the facts of your case as to whether a forged complaint would demolish the complete case or whether there is some other solid evidence with the prosecution on which the prosecution could be said to have a prima facie case at this stage. If you are convinced of the case being in your favour and if the trial court does not agree to take your document on record at this stage, you can file a challenge before the higher courts, though the chances of success are limited at this stage (since the defence documents would normally not be allowed at such stage). Second option, of course, is to fight the case during trial wherein you can show your full evidence, including the forged complaint, as you have stated.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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