GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice. Learned Public Prosecutor accepts notice on behalf of State.

(2.) Petitioner conflicted and sentenced for the offence of Section 420 I.P.C. in course of hearing of first appeal before Additional Sessions Judge, Banswara, preferred an application under Section 391 Cr.P.C. for taking on record the order dated 28.2.2005, which rejected by learned Judge vide order dated 28.4.2008. Petitioner requests that reversing the above order, his application be allowed.

(3.) Learned counsel for the petitioner argued that (i) for petitioner charge is for obtaining Government employment disclosing wrong facts in application dated 14.11.1994 (ii) District Collector vide order dated 28.2.2005 exonerated petitioner in disciplinary proceedings (iii) since for the same is the charge and above mentioned order dated 28.2.2005, so taking this document on record and accepting it is necessary for just decision of the case. Argued that due to oversight or inadvertence, or even error, if document could not be exhibited in trial Court Section 391 Cr.P.C. is vide enough to allow such documents even at belated stage. Submitted that as the document is relevant for just decision of the case and application should be allowed.