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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Dipak Misra, Prafulla C. Pant , JJ

(A) Criminal P.C. (2 of 1974) , S.294— Documents requiring no formal proof - 'Document' - What is - Compact disc is a document -It is not necessary for court to obtain admission or denial on a document under S. 294 (1) personally from accused or complainant or witness. Evidence Act (1 of 1872) , S.3— The object of Section 294 Cr. PC is to accelerate pace of trial by avoiding the time being wasted by the parties in recording the unnecessary evidence. Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence. In view of the definition of 'document' in Evidence Act, and the law laid down by Supreme Court, it could be said that the compact disc is also a document. It is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 Cr. PC personally from the accused or complainant or the witness. The endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 Cr. PC. Similarly on a document filed by the defence, endorsement of admission or denial by the public prosecutor is sufficient and defence will have to prove the document if not admitted by the prosecution. In case it is admitted, it need not be....