CASE COMMENT ON SHAMSHER SINGH VERMA v. STATE OF HARYANA

Criminal Appeal No. 1525 OF 2015 (Arising out of S.L.P. (Crl.) No. 9151 of 2015)

Author – ISIRI RAJANEESH, STUDENT OF LAW, PES UNIVERSITY

Best Citation- ISIRI RAJANEESH, CASE COMMENT ON SHAMSHER SINGH VERMA v. STATE OF HARYANA, INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE, 1 (1) of 2023, Pg. 27-30, ISBN – 978-81-960677-6-2.

HEAD NOTES

Section 3 – Indian Evidence Act, 1872 – Definition of Document – Held, Compact Disk within the Definition of Document – Section 294 – Criminal Procedure Code, 1973 – Held, Endorsement of Admission or Denial by Defendant Party – Sufficient Compliance of this provision – Appeal Allowed.

ABSTRACT

In the instant case, an F.I.R. was filed under POCSO Act and I.P.C. Section 354 against the accused for abusing a juvenile girl. Charges under sections 354A and 376 I.P.C. and sections 4 and 12 of the POSCO Act were filed against him by the Special Judge, Kaithal. The accused filed a petition with the trial court under section 294 Cr.P.C., asking that a tape of a conversation between the father of the victim girl and the accused’s wife and son be taken on record as evidence so that it may be sent to a forensic laboratory to be verified. However, both the lower court and the higher court supported the lower court’s decision to deny the application. So, the defendant took his “right to defend himself” and his ability to present mitigating evidence to the Supreme Court and had it overturned.