Bombay High Court Upholds Right to Fair Trial: Directs Production of Withheld Documents in Sexual Assault Case

In a significant ruling, the Bombay High Court has underscored the importance of fair investigation and trial in criminal proceedings. Justice Bharati Dangre, presiding over the case, emphasized the accused’s entitlement to all relevant evidence, including documents withheld by the Investigating Officer. The court’s directive came in the case 2023:BHC-AS:37405 involving Dr. Sublendu Prakash Diwakar, accused in a sexual assault case.

Justice Dangre noted, “It is now imperative for the prosecution, as a matter of rule, in all criminal trials to comply with Rule 4 of the Draft Guidelines approved by the Apex court to be adopted by all States and furnish the list of statements, documents, material objects and exhibits, which are not relied upon by the Investigating Officer.”

The petitioner, Dr. Diwakar, sought the quashing of an order by the Additional Sessions Judge, which had rejected his application for the production of documents crucial to his defense. These documents were originally submitted to the Investigating Officer but not included in the charge-sheet.

Highlighting the right to a fair trial, the judgment stated, “The right of the accused to be entitled to the aforesaid documents has been recognized as a part of his right to have a fair trial and fair investigation, and the Court trying the accused must ensure fairness of the investigating process.”

The High Court’s decision is a landmark in ensuring justice and fair play in the judicial system, particularly in criminal cases where the balance of evidence is crucial. By directing the Sessions Court to ensure the production of the withheld documents, the court has reinforced the principle that every accused person is entitled to a full and fair opportunity to present their defense.

Date of Decision-04.Dec.2023

Dr.Sublendu Prakash Diwakar VS State of Maharashtra