Unaccepted supplementary challan part of record: Punjab and Haryana High Court
Saurabh Malik
Chandigarh, January 23
The Punjab and Haryana High Court has made it clear that a supplementary report or challan would be a part of the court record even if not accepted by the trial judge. The accused could rely upon the same in accordance with the provisions of the Indian Evidence Act.
Accused can rely on it for evidence
Any supplementary challan presented under Section 173(8) would be in continuation of the report filed under Section 173(2) and would remain part and parcel of the record of the case proceedings. The accused can rely upon the same as per the provisions of the Indian Evidence Act. Punjab and Haryana High Court
Justice Jaishree Thakur also ruled that the court was not bound by the opinion drawn by the police in its final investigation report or challan under Section 173 of the CrPC and the court could not act merely as a post office or the prosecution’s mouthpiece. Justice Thakur also made it clear that the court was required to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it while applying its judicial mind.
The ruling by Justice Thakur came in a gang rape case in which the petitioners were summoned as additional accused by a Mohali court. The Bench was told that a supplementary challan under Section 173(8) of the CrPC was filed before the trial court declaring the two petitioners innocent.
An application under Section 319 of the CrPC, filed by the prosecutrix to summon the petitioners as additional accused to face the trial along with another accused, was also allowed by the court.
Their counsel submitted that supplementary challan, declaring the petitioners innocent, would not form a part of the court record if not accepted. As such, the petitioners would not be able to rely upon on it at the time of their defence. Justice Thakur added the court was “very well empowered” to ask for further investigation on being unsatisfied with the report under Section 173(2), evident from the provisions of Section 173(8) on supplementary challan.
“Any supplementary challan presented under Section 173(8) would be in continuation of the report filed under Section 173(2) and would remain part and parcel of the record of the case proceedings. As such, the argument, as raised by the petitioners’ counsel that once a supplementary report is not accepted, the same would not be a part of the Court record, is not sustainable in view of the detailed procedure as provided under Section 173. The accused can rely upon the same as per the provisions of the Indian Evidence Act.”
