Can court see my evidence/Defence at stage of Discharge in False 498a?
In false 498a you have an evidence of your innocence it can be the evidence related to plea of alibi that means you are not present at the time of incidence.
It can be watsapp messages, witness statement, documents or photos to prove your innocence, these are very important evidence can lead you to become free in 498a.
Now at the stage of discharge you put all these evidence with your discharge application.
Now there are two problems with this one is you disclose the defense and prosecution will get an opportunity to manipulate its case and add their stories. The element of surprise is important in criminal trial so as to get the guilt out. The other problem with this approach is that the accused evidence is not even considered at this stage.So it is useless to put evidence at this stage.
Even you cannot call documents at stage of discharge which will be used as a defence under section 91
State of Orissa versus Debendra Nath Padhi (2005) 1 SCC 568 and reiterated in the subsequent decisions. The defence could not be considered at the stage of framing of charge so as to avoid a mini trial.
legal Affairs, West Bengal v. Anil Kumar Bhunja and Others [ (1979) 4 SCC 274 ] and State of Bihar v. Ramesh Singh [ (1977) 4 SCC 39 ] it was observed that at the time of framing a charge the trial court can consider only the material placed before it by the investigating agency, there being no requirement in law for the court to grant at that stage either an opportunity to the accused to produce evidence in defence or consider such evidence the defence may produce at that stage.
Now there may be a case in which the investigation is concluded and evidence is suppressed which is in the favour of accused. Now in such circumstances in which
Thus, it is clear that while ordinarily the Court has to proceed on the basis of material produced with the charge sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet. It does not mean that the defence has a right to invoke Section 91 Cr.P.C. de hors the satisfaction of the court, at the stage of charge.
It is clear from Nitya case only documents or evidence of sterling quality can be presented at time of discharge
Advocate Nitish Banka