Telangana High Court Overrules Lower Court, Permits FIR as Evidence in Late Trial Stage
In a significant ruling, the Telangana High Court has set aside a trial court order, allowing the prosecution to mark a First Information Report (FIR) as evidence even at the advanced stage of a trial. This decision underscores the judiciary's commitment to ensuring a just outcome in criminal cases, prioritizing justice over procedural technicalities.
Background of the Case
The case revolves around a murder that occurred in January 2018 in Kazipet, Telangana. Four individuals were accused of attacking and killing two people over a property dispute, with allegations of concealing evidence. During the trial at the First Additional Sessions Court in Hanamkonda, the prosecution realized they had inadvertently failed to officially mark the FIR as an exhibit during the testimony of the investigating officer, who was the station house officer of Kazipet police station.
Trial Court's Refusal and High Court's Intervention
The trial court declined the prosecution's petition under Section 311 of the Criminal Procedure Code (CrPC), which sought to recall the investigating officer for further examination to mark the FIR as an exhibit. The lower court reasoned that the officer had already been examined and cross-examined, arguments were heard, and the matter was posted for reply arguments, deeming the petition filed "at the fag end of the case."
However, the Telangana High Court, in a petition challenged by the state, overturned this decision. Justice Anil Kumar Jukanti, in his ruling on Tuesday, emphasized that the need for a just decision must guide judicial actions. He pointed out that the trial court's order fell into error by not considering this crucial aspect.
Legal Principles and Supreme Court Precedents
Justice Jukanti highlighted that the power under Section 311 of CrPC is governed by the requirement of justice. He referenced Supreme Court rulings, noting that "the Court is not a hapless bystander in the derailment of justice" and has a vital role in discovering truth to realize justice. The court stressed that the statutory provision allows for the exercise of such powers at any stage of inquiry, trial, or proceedings under CrPC.
The assistant public prosecutor argued that the ambit of Section 311 is wide and should be exercised to serve justice, a point the high court upheld. Justice Jukanti concluded that the ingredients of Section 311 and the essentiality of evidence, including marking the FIR as an exhibit, are vital for a just decision, especially given the gravity of the murder charges.
Court's Directives and Implications
Consequently, the Telangana High Court directed the trial court to recall the investigating officer (PW-21) for further examination, specifically to get the FIR marked as an exhibit. It also mandated that the defence be given an opportunity to raise objections during this process. This ruling reinforces the principle that procedural lapses should not impede the pursuit of justice in serious criminal cases.
This decision is expected to have broader implications for legal proceedings in India, emphasizing flexibility in evidence admission to ensure fair trials. It serves as a reminder that courts must act proactively to prevent miscarriages of justice, rather than adhering rigidly to procedural timelines.
