The High Court of Rajasthan expounds that denying the petitioner the opportunity to present defence evidence at an appropriate stage would not only be detrimental to the cause of justice but would also be a clear violation of his statutory right envisaged under Section 233 Cr.P.C.
Brief Facts of the Case
The factual matrix of the present case deal with an impugned order, whereby, the learned trial court has rejected the application of the petitioner to submit himself to a Narco Analysis test and to bring the resultant report of the same onto the record as a part of his defence.
According to the learned counsel representing the petitioner, Section 233 Cr.P.C. applies, as the petitioner may present any evidence that he has in support of his defence. Moreover, he argued that once the stage of Section 232 Cr.P.C. is crossed and no acquittal is made in favour of the petitioner, the petitioner is entitled to adduce any evidence in support of his defence in an indefeasible manner and the learned Court below has erred in denying him that right, as is evident from the impugned order. Therefore, the learned counsel for the petitioner has relied on the judgment rendered by this Hon’ble Court in the Jasveer Singh and ANR. Vs. State of U.P. and Ors, 2017 Latest Caselaw 387 SC
It was submitted by the learned counsel for the respondents that if a Narco Analysis Test had to be conducted, it should have been undertaken at the time of prosecution, and that if the accused is permitted to undergo the Narco Analysis Test at this stage, it will have no consequence as far as the present trial is concerned since he will be given adequate
opportunity for a sufficient deposition before the learned trial court, which will have the same effect as a Narco Analysis test. Further, they relied upon the judgment rendered by the Hon’ble Delhi High Court in Sidhu Yadav @ Siddharth Vs. State of NCT of Delhi.
Observations of the High Court
According to the learned court, the judgment rendered in Jasveersingh Jat (supra) is directly applicable to the facts and circumstances of the present case. A right to indefeasibility is also created under Section 233 Cr.P.C., which has been crafted with a clear legislative intent to provide the accused, who hasn't been acquitted at the stage of Section 232 Cr.P.C., an opportunity to present any evidence he may have to support his defence. Despite the fact that the Narco Analysis test may not have a definitive impact on the outcome of a trial, it is unquestionably a scientific technique recognized by law that is being used in the course of the investigation, both by the prosecution agencies and the courts, to support and corroborate primary evidence. In such a case, denying the petitioner the opportunity to present such defence evidence at an appropriate stage would not only be detrimental to the cause of justice but would also be a clear violation of his statutory right envisaged under Section 233 Cr.P.C.
In addition, Section 315 Cr.P.C. offers the accused the opportunity to serve as a competent witness in his own defence, and the proviso to the same section is also upheld in accordance with the rights granted to accused individuals under the Constitution, namely, the right to not be compelled to incriminate oneself, as he may choose to do so if he chooses. The accused petitioner in this case voluntarily submits himself to a Narco Analysis test to support his defence. In addition, the court observed that denying the petitioner the right to use the same at the appropriate stage would be a travesty of justice.
Based on the aforementioned observations, the present petition was allowed and the impugned order was quashed. Additionally, the learned trial court was directed to permit the
petitioner to undergo the Narco Analysis Test and enter the results into evidence.
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