Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

Rule 19(4) of the Criminal Rules of Practice, Kerala mandates that the accused shall be supplied with even those materials that are not relied upon by the investigation. The trial Court however refused the application of the accused to access those documents by saying that the requirement was incorporated into the rule only in 2022. The Trial Court held that the rule was not applicable in the instant case as the final report was filed in 2014. The petitioner had moved the High Court challenging this order of the trial Court.

The High Court held that application of the rule is not based on prospectivity or retrospectivity, but the purpose for which the rule was made. It said the accused has a right of fair trial under Article 21 of the Constitution and thus, he should have the right to access even those materials gathered during investigation that are not relied upon by the prosecution as the 'ultimate purpose of a criminal trial is to unearth the truth.'

The Court further observed that if the legal position laid down in Ponnusamy P. v State of Tamil Nadu (2022) is followed, the Court can ensure that the accused is not seeking these material to delay the trial proceedings. The Supreme Court in that case had held that in the trial stage, after the charges are framed, court can give an opportunity to the accused to avail this right. If it is sought at the appeal stage, the appellate court may make a decision as per Section 391 of Cr.P.C (Provision regarding receiving additional evidence at appellate stage).

In case of material relied on by the prosecution, the accused has a right to get the copy of First Information Report, statements made to the police of all those persons whom the prosecution intends to examine as witness as per the provision of Code of Criminal Procedure. On an application by police officer, the Magistrate can exempt certain documents from being supplied to the accused on ground of irrelevancy, interest of justice or public interest.

The Amendment to Rule 19(4) was incorporated after the Supreme Court issued direction to all the High Court to incorporate provisions of Draft Criminal Rules, 2021 to bring clarity and uniformity in the Criminal Rules of Practice which were formulated by the respective High Courts.

The Court had appointed Adv. Renjith B. Marar as Amicus Curiae, who informed the Court that the decision of the Supreme Court in Ponnusamy is the applicable law.

Counsel for Petitioners: Advocates Akhil Vijay, C. S. Ajayan

Counsel for Respondents: Special Public Prosecutor A. Rajesh, Senior Public Prosecutor Rekha S.

Case No: Crl.MC 6592 of 2024

Case Title: Varghese Kuruvila v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 564