INTERNATIONAL
JOURNAL OF CRIMINAL
JURISPRUDENCE
VOLUME 1 AND ISSUE 1 OF 2023
INSTITUTE OF LEGAL EDUCATION
International Journal of Criminal Jurisprudence
(Free Publication and Open Access Journal)
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INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE Published by
Volume I and Issue I of 2023 Institute of Legal Education
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PRIMARY DETAILS
CASE COMMENT ON SHAMSHER SINGH VERMA
Forum / Court Supreme Court of India
v. STATE OF HARYANA
Jurisdiction Appellate Jurisdiction
Criminal Appeal No. 1525 OF 2015 (Arising out
of S.L.P. (Crl.) No. 9151 of 2015) Criminal Appeal No. 1525
OF 2015 (Arising out of
Equivalent Citations
Author - ISIRI RAJANEESH, STUDENT OF LAW, PES S.L.P. (Crl.) No. 9151 of
UNIVERSITY 2015)
Presiding Members of the
Best Citation- ISIRI RAJANEESH, CASE COMMENT Prafulla C. Pant, J.
Bench
ON SHAMSHER SINGH VERMA v. STATE OF
HARYANA, INTERNATIONAL JOURNAL OF CRIMINAL Bench Type Single Judge Bench
JURISPRUDENCE, 1 (1) of 2023, Pg. 27-30, ISBN - The Code of Criminal
978-81-960677-6-2. Procedure, 1973 — Section
Provisions Concerned 294, 313
HEAD NOTES The Indian Evidence Act,
1872 — Section 3
Section 3 – Indian Evidence Act, 1872 – Date of Pronouncement of
November 24, 2015
Judgement
Definition of Document – Held, Compact
Disk within the Definition of Document –
FACTUAL BACKGROUND OF THE CASE
Section 294 – Criminal Procedure Code,
1973 – Held, Endorsement of Admission or
On October 25, 2013, a member of the young
Denial by Defendant Party – Sufficient
girl's family by the name of Munish Verma filed
Compliance of this provision – Appeal
a First Information Report (FIR) against the
Allowed.
appellant (the accused) for abusing the child in
violation of Section 354 of the Indian Penal Code
ABSTRACT
and the POCSO Act. This was done in
accordance with the provisions of the POCSO
In the instant case, an F.I.R. was filed
Act. After the investigation had been completed,
under POCSO Act and I.P.C. Section 354 against
official charges were filed against him. The
the accused for abusing a juvenile girl. Charges
appellant was accused by Special Judge
under sections 354A and 376 I.P.C. and sections
Kaithal with violating Sections 354A and 376 of
4 and 12 of the POSCO Act were filed against
the Indian Penal Code as well as Sections 4 and
him by the Special Judge, Kaithal. The accused
12 of the POCSO Act after the judge heard
filed a petition with the trial court under section
arguments from both sides of the case. The
294 Cr.P.C., asking that a tape of a conversation
accused then conducted his own examination
between the father of the victim girl and the
of the witnesses and filed an application with
accused’s wife and son be taken on record as
the trial court under section 294 Cr.P.C., praying
evidence so that it may be sent to a forensic
that a recording of the conversation between
laboratory to be verified. However, both the
the father of the victim girl, the wife, and the son
lower court and the higher court supported the
of the accused be preserved by the Court so
lower court’s decision to deny the application.
that it could be sent to a forensic laboratory to
So, the defendant took his “right to defend
be verified as authentic. The conversation in
himself” and his ability to present mitigating
question took place between the father of the
evidence to the Supreme Court and had it
victim girl and the wife of the accused. The
overturned.
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INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE Published by
Volume I and Issue I of 2023 Institute of Legal Education
ISBN - 978-81-960677-6-2 https://iledu.in
accused's son was also present during the victim was a nine-year-old child and that the
conversation. In addition, as he was praying, he appellant is trying to elope prosecution by
requested for the voice of the victim's father to dragging out the trial. They also argued that the
be recorded so that it could be contrasted with lower court appositely denied the motion of the
the one on the recording. However, both the accused/appellant, according to the learned
lower court and the High Court came to a counsel, since the dialogue recorded occurred
decision that was contrary to his position. As a after the alleged molestation and rape.
result, the Appellant filed an appeal with the
Supreme Court, requesting that Section 3 of the LEGAL PROVISIONS AND ANALYSIS WITH
Indian Evidence Act of 1872 be amended to RESPECT TO THE FACTS
permit CD to be treated as a document.
1. Tape and CD as a Document under Section
ISSUES RAISED 3 of Evidence Act, 1872
1. Are CDs admissible as evidence in India Abuse of a juvenile girl is a violation of
under Section 3 of the Indian Evidence both the Indian Penal Code and the Protection
Act of 1872? of Sexual Offenders Act, both of which were
2. When it comes to this case, does the alleged to have been committed by the
appellant have the right to defend individual who was accused in this case. The
himself? question of whether or not a compact disc may
3. Was it a legal mistake for the lower court be considered a "document" that can be used
to deny him a chance to defend himself? as evidence in a trial was referred to the
Supreme Court for a decision. According to
APPELLANT’S ARGUMENTS Section 3 of the Indian Evidence Act, the term
"document" refers to any content that is
Appellant’s learned counsel contended expressed or described onto any material by
that the previous courts erred by denying the means of letters, figures, or markings, or by
accused his constitutional right to present any more than one of those methods, and which is
relevant evidence in his defence. Because the intended to be used, or which may be used, for
appellant (the accused) is now incarcerated, he the purpose of documenting such a matter, or
said, he cannot delay the trial. It was also which may be used for such a purpose.37
claimed that the appellant was illegally held by
the police at the complainant’s request for In the case of R.M. Malkani v. State of
mediating a quarrel between the complainant Maharashtra,38 court ruled that taped
and the appellant’s wife’s brother (the father of conversations may be used as evidence if they
the minor girl victim). After an appeal was filed pertain to the matter at hand and the speaker
for habeas corpus with the High Court, the court can be positively recognised from the video.
appointed a Warrant Officer and the appellant
was freed. An FIR accusing him of molesting the In the case of Ziyauddin Burhanuddin
child was quickly lodged. He claimed that the Bukhari v. Brijmohan Ramdass Mehra,39 The
appellant had been unfairly dragged into the court ruled that the taped conversations qualify
parties’ property dispute. as records under Section 3 of the Evidence Act,
so long as the creator of the record can identify
RESPONDENT’S ARGUMENTS the speaker, can offer proof that what is being
Per contra, in response to the appellant’s 37 Indian Evidence Act, 1872, § 3, No. 1, Acts of Parliament, 1872 (India)
claim, the respondent’s counsel contended that 38 R.M. Malkani v. State of Maharashtra, 1973 AIR 157.
39 Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, 1975 AIR
the sexual assault in issue occurred when the 1778.
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INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE Published by
Volume I and Issue I of 2023 Institute of Legal Education
ISBN - 978-81-960677-6-2 https://iledu.in
recorded is accurate, and can show that no at any stage, without previously warning the
tampering with the evidence has taken place. accused, put such questions to him as the
Additionally, the tape’s content must be shown Court considers necessary; (2) the court shall,
to be relevant in accordance with the criteria of after the witnesses for the prosecution have
relevance outlined in the Indian Evidence Act. been examined and before he is called on for
his defence, question him generally on the case,
2. Section 294 of Cr.P.C: No formal proof of with the exception of a summons-case, in which
certain documents the accused is not required to appear in court
until his defence has been presented. In this
Firstly, any document that is presented type of case, the accused is not required to
in court is subject to an obligation for either the appear in court until his defence has been
prosecutor or the defendant, depending on the presented (b).44 On the other hand, when the
circumstances, or the pleader for either the accused is questioned in accordance with
prosecution or the defence, if there is one. This Section 313, no oath will be administered.45 If the
obligation requires them to either accept or accused person refuses to answer such queries
deny the document's authenticity.40 Secondly, or lies about doing so, he will not be held
the format for the list of documents has been accountable in any way.46 In any future
specified by the State Government and must be investigation or prosecution for any other
followed.41 Thirdly, It is possible for a document offence that those replies are relevant to, the
to be admitted into evidence in any accused's responses may be used as evidence
investigation, trial, or other proceeding under for or against him, depending on the
this Code without proof of the signature of the circumstances of the investigation or trial. 47
person to whom it purports to be signed;
however, the Court may, at its discretion, require RATIO DECEDENDI & OBITUR DICTUM
such signature to be proved. If the authenticity
of the document is not in dispute, however, the 1. CDs Come Within the Definition of
signature of the person to whom it purports to “Document”
be signed must be proved.42 Since Compact
Disk in the instant case can be considered a The Indian Supreme Court has declared
document as per the precedent established in that a compact disc may be used as evidence,
Ziyauddin Burhanuddin Bukhari v. Brijmohan using the Indian Evidence Act as its legal
Ramdass Mehra 43
thus no formal proof for its authority. In addition, in order for the courts to
genuineness is undisputed and it can thus be use subsection (1) of section 294 of the Criminal
read in evidence. Procedure Code, the courts do not require the
acceptance or rejection of a document by the
3. Section 313 of Cr.P.C: Power to Examine the complainant, the accused, or the witnesses.
Accused
2. Endorsement of Admission or Denial by
During the course of a trial or Defendant Party is Sufficient Compliance of
investigation, in order to guarantee that the Section 294 (Cr.P.C.)
accused is given the right to react to any and all
charges levelled against him: (1) the court may,
40 The Code of Criminal Procedure, 1973, § 294(1), No. 2, Acts of Parliament, 44 The Code of Criminal Procedure, 1973, § 313(1), No. 2, Acts of Parliament,
1973 (India) 1973 (India)
41 The Code of Criminal Procedure, 1973, § 294(2), No. 2, Acts of 45 The Code of Criminal Procedure, 1973, § 313(2), No. 2, Acts of
Parliament, 1973 (India) Parliament, 1973 (India)
42 The Code of Criminal Procedure, 1973, § 294(3), No. 2, Acts of Parliament, 46 The Code of Criminal Procedure, 1973, § 313(3), No. 2, Acts of Parliament,
1973 (India) 1973 (India)
43 Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, 1975 AIR 47 The Code of Criminal Procedure, 1973, § 313(4), No. 2, Acts of Parliament,
1778. 1973 (India)
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INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE Published by
Volume I and Issue I of 2023 Institute of Legal Education
ISBN - 978-81-960677-6-2 https://iledu.in
The judge held that it is sufficient to However, a defendant is not permitted to claim
meet the criteria of section 294 of the Criminal that a delay in the trial constitutes grounds for
Procedure Code with an admission or denial release.
that is endorsed on the document that was
presented by the prosecution party or on the CONCLUSION
application/report with which the same was
submitted. The endorsement of admission or Under the Indian Evidence Act of 1872,
rejection by the public prosecutor on the the court determined that compact discs meet
document that was provided by the defendant the requirements to be considered documents.
is also adequate; if the prosecution does not According to subsection (1) of Section 294 of the
accept the document, the burden of evidence Criminal Procedure Code, a personal
will shift to the defendant. If it is accepted as acknowledgement or denial on paper by the
true, then it may be used as proof without first accused, the complainant, or the witness is not
needing to be demonstrated in an explicit necessary. Additionally, the decision affirmed
manner. that compact discs (CDs) meet the criteria for
the category of documents and may be
As part of the prosecution's case, the presented as evidence in court.
child, as well as her mother and grandmother,
as well as Munish Verma, have all been REFERENCES
subjected to cross examination. It seems that
Shamsher Singh Verma versus State of
the prosecution has decided not to press any
Haryana (2015), https://taxguru.in/wp-
charges against Sandeep Verma, who is the
content/uploads/2015/12/Shamsher-
father of the little girl who was the victim. The
Singh-Verma-Vs-State-of-Haryana-
questioning of all of the prosecution's witnesses
Supreme-Court-of-India.pdf (last visited
is now complete, and the defence is beginning
Feb 12, 2023)
to deliver its side of the argument.
Bharat Vasani and Varun Kannan,
Supreme Court on the admissibility of
3. Lower Courts erred in law by Not Allowing
electronic evidence under Section 65B of
the Appellant’s Application of Playing CD
the Evidence Act (2021),
https://corporate.cyrilamarchandblogs.co
The court ruled that the lower courts
m/2021/01/supreme-court-on-the-
made a legal mistake when they denied the
admissibility-of-electronic-evidence-
appellant's request to play the compact disc
under-section-65b-of-the-evidence-act/
that contained the conversation between the
(last visited Feb 12, 2023)
victim's father and the appellant's wife and son
RKS Associate , CD’S Are Documents as
about the alleged property dispute and send it
per Evidence Act, Holds Supreme Court of
to the Forensic Science Laboratory to verify its
India (2015),
authenticity. The court also ruled that the lower
https://www.rksassociate.com/cds-are-
courts should not have denied the appellant's
documents-as-per-evidence-act-holds-
request to send the compact disc to the
supreme-court-of-india/ (last visited Feb
Forensic Science Laboratory. The testimony of
12, 2023)
the witnesses for the prosecution has been
G.V. Mahesh Nath, Evidence Relating to
heard, and the accused party seems to have
Electronic Record – Challenges in
little interest in dragging out the trial any more.
Admissibility (2017),
As a consequence of this, the Supreme Court
https://papers.ssrn.com/sol3/papers.cfm?
upheld the appeal and declared null and invalid
abstract_id=2948351 (last visited Feb 12,
the decisions made by the lower courts.
2023)
30 | P a g e Journal Home Page – https://ijcj.iledu.in/
