Can accused submit evidence in discharge application u/s 227
Amit Joshi
(Querist) 01 September 2020
This query is : Resolved
Hello Sir/Madam,
Myself Amit Joshi. I am accused in SC/ST atrocities case. Currently, I am on Anticipatory Bail. When FIR is filed on me, I had doubt that complainant's caste certificate is bogus. I had expressed my concern to investigating officer(I.O.) but at that time, I had no proof so I can't submit it to I.O. And they also not verify caste certificate from caste validity certificate. So, I decided to file RTI application for that. Now, I have enough proof and documentary evidence that person is of General caste and not SC/ST caste. Before such evidence come in my hand, Chargesheet was filled in court. I want to file discharge application to court.
Can I submit such evidence along with discharge application ?
Because Section 227 of CrPC says that:
"If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing"
Here, in section they used words as "record of the case" as my evidence is not in chargesheet report it is not "record of the case". I got it later when already chargesheet was filed. So, can discharge is possible in my case u/s 227 ??
Can anyone suggest any caselaws related to this, which says that accused can submit evidence in support of his 227 discharge application.
P. Venu
(Expert) 01 September 2020
Does the "record of the case" include any document establishing the caste of the de-facto complainant?
Amit Joshi
(Querist) 02 September 2020
Chargesheet has caste certificate of the complainant as a proof of his caste. Otherwise that caste certificate, nothing is is there to prove his caste
P. Venu
(Expert) 02 September 2020
Apparently, the said certificate is incorrect. Certainly, to my knowledge, you can contradict the same through a public document obtained under RTI.
Amit Joshi
(Querist) 02 September 2020
SC Judgement in "Satish Mehta case" confirms that accused evidence can be submitted in sec. 227 crpc. But this judgement is of 1996. Is this judgement is overrule by any later judgement ?
The link for Satish Mehta Judgement is as follow:
https://indiankanoon.org/doc/1706613/
P. Venu
(Expert) 02 September 2020
To my knowledge, the ratio of the said decision is still good law.
Rajendra K Goyal
(Expert) 02 September 2020
If the complainant is not SC/ST, try to get the FIR quashed from High Court.
