V.K. SASIKALAversusSTATE REP. BY SUPERINTENDENT OF POLICE

                  [2012) 10 S.C.R. 641


                      V.K. SASIKALA                           A
                             v.
    STATE REP. BY SUPERINTENDENT OF POLICE
         (Criminal Appeal No. 1497 of 2012)

                  SEPTEMBER 27, 2012
                                                              B
      [P. SATHASIVAM AND RANJAN GOGOi, JJ.]

     Criminal Jurisprudence - Criminal Trial - Right of the
accused - To demand certified copies! inspection of
unmarked and un-exhibited documents not relied upon by the C
prosecution but in custody of the court - Held: One of the
established facets of a just, fair and transparent investigation
is the right of an accused to ask for all such documents that
he may be entitled to, under the scheme contemplated by
CrPC - Absence of any claim on the part of the accused to D
the said documents at any earlier point of time cannot have
the effect of foreclosing such a right of the accused - If in a
given situation the accused comes to the Court contending
that some papers forwarded to the Court by the investigating
agency have not been exhibited by the prosecution as the E
same favours the accused, the court must concede a right to
the accused to have an access to the said documents, if so
claimed - In the case at hand, it was the specific contention
of accused-appellant that in course of her examination uls.
313 CrPC a perception had developed that she may be giving F
incomplete/incorrect answers in response to the questions put
to her by the Court and that she needed copies of the
documents or at least an opportunity of inspection of the same
to enable her to provide effective answers and to appropriately
prepare her defence - Any failure on the part of the appellant G
to put forward her version of the case in her examination ul
s.313 CrPC may have the effect of curtailing her rights in the
event she chooses to take up a specific defence and examine
 defence witnesses - Besides, answers given by the appellant
                            641                               H
    642     SUPREME COURT REPORTS               [2012] 10 S.C.R.

A   in her examination, if incorrect or incomplete, may have the
    effect of strengthening the prosecution case against her -
    Appellant accordingly directed to be allowed inspection of the
    unmarked/ un-exhibited documents in custody of the court in
    the criminal trial pending against her - Code of Criminal
s   Procedure, 1973 - ss. 313, 207 and 173 - Constitution of
    India, 1950 - Article 21.

        Criminal Trial - Investigation - Power and duty of the
  Investigating Officer (10) - Held: A duty is cast on the 10 to
  evaluate the two sets of documents and materials collected
C i.e. those in favour of accused and those in support of the
  prosecution - However, it is not impossible to visualize a
  situation where the 10 ignores the part of the seized
  documents which favour the accused and forwards to the
  Court only those documents which support the prosecution.
D
        Code of Criminal Procedure, 1973 - s.313 -
   Examination of an accused undsr -Held: Has a fair nexus
   with the defence that the accused may choose to bring, if the
  need arises - Such examination not only provides the
E accused an opportunity to explain the incriminating
  circumstances appearing against him in the prosecution
  evidence but also permits him to put forward his own version,
  if he so chooses, with regard to his involvement or otherwise
  in the crime alleged against him.
F      A criminal case was pending against the appellant
  and three other accused before the trial court under
  Section 1208 !PC and Section 13(2) read with Section
  13(1)(e) of the Prevention of Corruption Act, 1988. While
  the examination of appellant under Section 313 CrPC was
G midway, she filed an application seeking certified copies
  of certain unmarked and unexhibited documents in the
  custody of the court on being so forwarded alongwith
  the report of investigation under Section 173(5) CrPC. The
  application was dismissed by the trial court. The order
H was upheld by the High Court. The appellant then filed
         V.K. SASIKALA v. STATE REP. BY                  643
          SUPERINTENDENT OF POLICE
another application before the trial court, this time,           A
seeking an inspection of the said unmarked and
unexhibited documents. This application too was
rejected by the trial court, and again this order was
upheld by the High Court.
                                                                 B
    The orders passed by the High Court upholding the
rejection of two separate applications made by the
appellant for certified copies I inspection of certain
unmarked and unexhibited documents in the trial
pending against her, were challenged in the instant              C
appeals. The appellant contended that the conduct of
the prosecution in not marking and exhibiting certain
documents only indicate that the same do not support
the prosecution case and in fact may assist the defence
of the accused; that the appellant had sought copies/
inspection of such documents so as to be in a position           D
to assess as to which of the documents can come to the
aid of her defence so that the answers given by her in
her examination under Section 313 CrPC can be
projected without reflecting any inconsistency with the
defence that may be adduced and that the right of the            E
appellant to copies or, at least, to an inspection of the
documents constituted a part of the larger right of the
appellant to a fair trial of the charges levelled against her.

     Disposing of the appeals, the Court                         F

    HELD:1.1. Section 173(5) CrPC makes it incumbent
on the Investigating agency to forward/transmit to the
concerned court all documents/statements etc. on which
the prosecution proposes to rely in the course of the trial.
Section 173(5), however, is subject to the provisions of         G
Section 173(6) which confers a power on the
investigating officer to request the concerned court to
exclude any part of the statement or documents
forwarded under Section 173(5) from the copies to be
granted to the accused. [Para 11] [658-D-F]                      H
    644      SUPREME COURT REPORTS              [2012] 10 S.C.R.


A       1.2. While the first proviso to Section 207 CrPC
  empowers the court to exclude from the copies to be
  furnished to the accused such portions as may be
  covered by Section 173(6), the second proviso to Section
  207 empowers the court to provide to the accused an
B inspection of the documents instead of copies thereof,
  if, in the opinion of the court it is not practicable to furnish
  to the accused, the copies of the documents because of
  the voluminous content thereof. [Para 12] [659-D-E]

       1.3. Though it is only such reports which support the
C prosecution case that are required to be forwarded to the
  Court under Section 173(5) CrPC in every situation where
  some of the seized papers and documents do not
  support the prosecution case and, on the contrary,
  supports the accused, a duty is cast on the Investigating
D Officer to eval.uate the two sets of documents and
  materials collected and, if required, to exonerate the
  accused at that stage itself. However, it is not impossible
  to visualize a situation where the Investigating Officer
  ignores the part of the seized documents which favour
E the accused and forwards to the Court only those
  documents which support the prosecution. [Para 14]
  [660-G-H; 661-A]

      1.4. In the case herein, evidently the unmarked and
F unexhibited documents of the case that are being
  demanded by the accused had been forwarded to the
  Court under Section 173 (5) but are not being relied upon
  by the prosecution. The said unmarked and unexhibited
  documents are presently in the custody of the Court.
G [Para 14] [661-C-E]

      2.1. It is the responsibility of the investigating agency
  as well as that of the courts to ensure that every
  investigation is fair and does not erode the freedom of
  an individual except in accordance with law. One of the
H established facets of a just, fair and transparent
         V.K. SASIKALA v. STATE REP. BY                 645
          SUPERINTENDENT OF POLICE
investigation is the right of an accused to ask for all such   A
documents that he may be entitled to under the scheme
contemplated by the Code of Criminal Procedure. [Para
15) [662-B-D]
     2.2. A perception of possible prejudice, if the
documents or at least an inspection thereof is denied,
                                                             B
looms large. The absence of any claim on the part of the
accused to the said documents at any earlier point of time
cannot have the effect of foreclosing such a right of the
accused. Absence of such a claim, till the time when
raised, can be understood and explained in several C
reasonable and acceptable ways. Individual notion of
prejudice, difficulty or handicap in putting forward a
defence would vary from person to person and there can
be no uniform yardstick to measure such perceptions. If
the appellant has perceived certain difficulties in D
answering or explaining some part of the evidence
brought by the prosecution on the basis of specific
documents and seeks to ascertain if the allegedly
incriminating tiocuments can be better explained by
reference to some other documents which are in the E
court's custody, an opportunity must be given to the
accused to satisfy herself in this regard. It is not for the
prosecution or for the Court to comprehend the prejudice
that is likely to be caused to the accused. The perception
of prejudice is for the accused to develop and if the same F
is founded on a reasonable basis it is the duty of the
Court as well as the prosecution to ensure that the
accused should not be made to labour under any such
perception and the same must be put to rest at the earliest.
Such a view is an inalienable attribute of the process of G
a fair trial that Article 21 guarantees to every accused.
 [Para 16) [666-B-G]
     2.3. It is not the stage of making of the request; the
efflux of time that has occurred or the prior conduct of
the accused that is material. What is of significance is if    H
    646      SUPREME COURT REPORTS            [2012] 10 S.C.R.


A in a given situation the accused comes to the court
  contending that some papers forwarded to the Court by
  the investigating agency have not been exhibited by the
  prosecution as the same favours the accused the court
  must concede a right to the accused to have an access
B to the said documents, if so claimed. This is the core
  issue in the case which must be answered affirmatively.
  It is difficult to agree with the view taken by the High Court
  that the accused must be made to await the conclusion
  of the trial to test the plea of prejudice that he may have
c raised. Such a plea must be answered at the earliest and
  certainly before the conclusion of the trial, even though
  it may be raised by the accused belately. This is how the
  scales of justice in our Criminal Jurisprudence have to
  be balanced. [Para 17] [667-8-E]

D       Sidhartha Vashisht alias Manu Sharma vs. State (NCT)
    of Delhi (2010) 6 SCC 1: 2010 (4) SCR 103 - relied on.

          Sanatan Naskar and another vs. State of West Bengal
    (201 O) s sec 249 - cited.
E
       3.1. There is yet another possible dimension of the
  case. It is the specific contention of the accused in both
  the applications dated 29.3.2012 (for certified copies of
  the unmarked documents) and 18.4.2012 (for inspection)
  that it is in the course of the examination of the accused
F under Section 313 CrPC that a perception had developed
  that the accused may be giving incomplete/ incorrect
  answers in response to the questions put to her by the
  Court and that she needs copies of the documents or at
  least an opportunity of inspection of the same to enable
G her to provide effective answers and to appropriately
  prepare her defence. The examination of an accused
  under Section 313 Cr.P.C. not only provides the accused
  an opportunity to explain the incriminating circumstances
  appearing against him in the prosecution evidence tSut
H such examination also permits him to put forward his
          V.K. SASIKALA v. STATE REP. BY                 647
           SUPERINTENDENT OF POLICE
own version, if he so chooses, with regard to his               A
involvement or otherwise in the crime alleged against
him. Viewed from the latter point of view, the examination
of an accused under Section 313 Cr.P.C. does have a fair
nexus with the defence that he may choose to bring, if
the need arises. Any failure on the part of the accused to      B
put forward his version of the case in his examination
under Section 313 Cr.P.C. may have the effect of curtailing
his rights in the event the accused chooses to take up a
specific defence and examine defence witnesses.
Besides, the answers given by the accused in his                c
examination, if incorrect or incomplete, may also
jeopardise him as such incorrect or incomplete answers
may have the effect of strengthening the prosecution
case against the accused. [Paras 18, 19] [667-E-G; 668-
A-D]                                                            D
     3.2. In view of the avowed purport and object of the
examination of an accused under Section 313 CrPC, the
appellant cannot be denied access to the documents in
respect of which prayers have been made in the
applications dated 29.3.2012 (for certified copies of the       E
unmarked documents) and dated 18.4.2012 (for
inspection) before the trial Court. While the anxiety to
bring the trial to its earliest conclusion has to be shared,
it is fundamental that in the process, none of the well
entrenched principles of law that have been laboriously         F
built by illuminating judicial precedents is sacrificed or
compromised. In no circumstance, the cause of justice
can be made to suffer, though, undoubtedly, it is highly
desirable that the finality of any trial is achieved in the
quickest possible time. In order to balance the need to         G
bring the prosecution in the present case to its earliest
conclusion and at the same time to protect and preserve
the right of the accused to a fair trial, and to take care of
the conflicting interests that had surfaced in the present
case, the appellant is directed to be allowed an inspection     H
    648       SUPREME COURT REPORTS             [2012] 10 S.C.R.


A   of the unmarked and unexhibited documents referred to
    by her in the application dated 29.3.2012. [Para 20) [670-
    A-E]
          Manu Sao VS. State of Bihar (2010) 12 sec 310 - relied
    on.
B
                          Case Law Reference:
          2010 (4) SCR 103        relied on            Para 9

          c201 O) s sec 249       cited                Para 9
c         c2010) 12 sec 310       relied on            Para 19

        CRIMINAL APPELATE JURISDICTION: Criminal Appeal
    No. 1497 of 2012.

       From the Judgment & Order dated 28.5.2012 of the High
D Court of Karnataka at Bangalore in Criminal Petition No. 2483
  of 2012.

                                WITH

    Crl.A.No. 1498/2012
E
        Shekhar Naphade, V. Giri, Rakesh Dwivedi, R.
    Venkataramani, T.R. Andhiyarujina, Shunmugasundaram,
    Senthil, Mani Shankar, A. Ashokan, M.P. Parthiban, S.R. Setia,
    B. Balaji, V.G. Pragasam, S.J. Aristotle, Prabu Rama
F   Subramanian, Soumik Ghosal for the appearing parties.

          The Judgment of the Court was delivered by

          RANJAN GOGOi, J. 1. Leave granted.

       2. Two orders of the High Court of Karnataka dated 16th
G April, 2012 and 28th May, 2012 upholding the rejection of two
  separate applications made by the appellant herein for certified
  copies or in the alternative for inspection of certain unmarked
  and unexhibited documents in a trial pending against her is the
  subject matter of challenge in the appeals under consideration.
H
       V.K. SASIKALA v. $TATE REP. BY       649
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
The facts leading to the applications filed before the learned        A
trial court and the grounds of rejection being largely similar both
the appeals were heard analogously.

     3. A convenient staring point for the required narration of
the relevant facts could be the order of this court dated 18th
November, 2003 passed in Transfer Petitions (Criminal)                B
Nos.77-78 of 2003 (K. Anbazhagan vs. Superintendent of
Police and others 1 ). By the aforesaid order dated 18th
November, 2003 this court had transferred the proceeding in
CC No.7of1997 from the court of the 11th Additional Sessions
Judge (Special Court No.1), Chennai to a Special Court in             C
Bangalore to be constituted by the State of Karnataka in
consultation with the Chief Justice of the High Court of
Karnataka. The appellant before us is the second accused in
the aforesaid transferred proceeding which has been registered
as Spl. CC.No.208 of 2004 and is presently pending in the             D
court of the 36th Additional Sessions Judge and Special
Judge, Bangalore. It may also b~ noticed that along with CC
No. 7 of 1997 there was another proceeding i.e. CC No. 2 of
2001 pending in the file of the same court, i.e. 11th Additional
Sessions Judge (Special Court No.1 ), Chennai against the             E
same accused which was also transferred to the Special Court
in Bangalore by the order dated 18th November, 2003.
However, the said proceeding would not be of any relevance
at the present stage as the chargesheet in the said case has
since been withdrawn and the matter stands closed.                    F

      4. The transfer of CC No. 7 of 1997 and CC No. 2 of 2001
from the court at Chennai was sought by one Shri K.
Anbazhagan, General Secretary of DMK Party, a recognised
political party in the State of Tamil Nadu. In case No.CC No. 7       G
of 1997 then pending in the competent court at Chennai
allegations of commission of offences under Section 1208 of
the Indian Penal Code and Section 13(2) read with Section
13(1) (e) of the Prevention of Corruption Act, 1988 were made
1.   c2004) 3 sec 767.                                                H
    650      SUPREME COURT REPORTS                 [2012] 10 S.C.R.


A   against the present appellant who was arrayed as the second
    accused in the case and also against one Smt. J. Jayalalitha,
    who was arrayed as the first accused. There were two other
    accused in the aforesaid proceeding, namely, accused No.3
    and 4, who are relatives 'of the present appellant, i.e., accused
B   No.2. The offences alleged arose out of certain acts and
    omissions attributed to the accused during the period 1991-
    1996 when the first accused was the Chief Minister of the State
    which office she had demitted after the General Elections held
    in the State in 1996. According to the petitioner in the Transfer
C   Petitions, chargesheet in the aforesaid case had been filed on
    21st October, 1997 and more than 250 prosecution witnesses
    had been examined by the end of August, 2000. The accused
    No.1, once again, became the Chief Minister of the State
    following the General Elections held in May, 2001. Though the
    appointment of the first accused as the Chief Minister was
0
    nullified by this court and the accused ceased to be Chief
    Minister, w.e.f., 21st September, 2001, she was elected to the
    State assembly in a by-election held on 21st February, 2002
    and was, once again, sw_orn in as the Chief Minister of the State
    on 2nd March, 2002. It was stated in the Transfer Petitions that,
E   thereafter, the course of trial of CC.No. 7 of 1997 took a peculiar
    turn and a large number of prosecution witnesses (76 in all) who
    had been discharged were recalled without any objection of the
    public prosecutor. 64 of such witnesses resiled from their earlier
    versions tendered in court. It was also alleged that none of
F   these witnesses were declared hostile by the public prosecutor.
    Furthermore, according to the petitioner, the presence of the
    first accused in court for her examination under Section 313
    Cr.P.C. was dispensed with and, instead, a questionnaire was
    sent to the first accused to which she had responded. It is in
G   these circumstances that the Transfer Petitions were filed
    before this Court.

       5. Transfer Petitions Nos.77-78 of 2003 were allowed by
  the order of this court dated 18th November, 2003 with certain
H directions. To recapitulate the said directions, Paragraph 34 of
       V.K. SASIKALA v. STATE REP. BY       651
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
the judgment of this court may be extracted:                        M

    "34. In the result, we deem it expedient for the ends of
    justice to allow these petitions. The only point that remains
    to be considered now is to which State the cases should
    be transferred. We are of the view that for the convenience     B
    of the parties the State of Karnataka would be most
    convenient due to its nearness to Tamil Nadu. Accordingly,
    the petitions are allowed. CC No. 7 of 1997 and CC No.
    2 of 2001 pending on the file of the Xlth Additional
    Sessions Judge (Special Court No. 1), Chennai in the            C
    State of Tamil Nadu shall stand transferred with the
    following directions:

           (a) The State of Karnataka in consultation with the
           Chief Justice of the High Court of Karnataka shall
           constitute a Special Court under the Prevention of       D
           Corruption Act, 1988 to whom CC No. 7 of 1997
           and CC No. 2 of 2001 pending on the file of the Xlth
           Additional Sessions Judge (Special Court No. 1),
           Chennai in the State of Tamil Nadu shall stand
           transferred. The Special Court to have its sitting in    E
           Bangalore.

           (b) As the matter is pending since 1997 the State
           of Karnataka shall appoint a Special Judge within
           a month from the date of receipt of this order and
                                                                    F
           the trial before the Special Judge shall commence
           as soon as possible and will then proceed from day
           to day till completion.

           (c) The State of Karnataka in consultation with the
           Chief Justice of t'1e High Court of Karnataka shall      G
           appoint a senior lawyer having experience in
           criminal trials as Public Prosecutor to conduct these
           cases. The Public Prosecutor so appointed shall be
           entitled to assistance of another lawyer of his
           choice. The fees and all other expenses of the           H
    652   SUPREME COURT REPORTS                [2012) 10 S.C.R.


A          Public Prosecutor and the Assistant shall be paid
           by the State of Karnataka who will thereafter be
           entitled to get the same reimbursed from the State
           of Tamil Nadu. The Public Prosecutor to be
           appointed within six weeks from today.
B
           (cf) The investigating agency is directed to render
           all assistance to the Public Prosecutor and his
           Assistant.

           (e) The Special Judge so appointed to proceed
c          with the cases from such stage as he deems fit and
           proper and in accordance with law.

           ('f) The Public Prosecutor will be at liberty to apply
           that the witnesses who have been recalled and
D          cross-examined by the accused and who have
           resiled from their previous statement, may be again
          ·recalled. The Public Prosecutor would be at liberty
           to apply to the court to have these witnesses
           declared hostile and to seek permission to cross-
           examine them. Any such application if made to the
E
           Special Court shall be allowed. The Public
           Prosecutor will also be at liberty to apply that action
           in perjury to be taken against some or all such
           witnesses. Any such application(s) will be
           undoubtedly considered on its merit(s).
F
           (g) The State of Tamil Nadu shall ensure that all
           documents and records are forthwith transferred to
           the Special Court on its constitution. The State of
           Tamil Nadu shall also ensure that the witnesses are
G          produced before the Special Court whenever they
           are required to attend that court.

           (h) In case any witness asks for protection, the
           State of Karnataka shall provide protection to that
           witness.
H
       V.K. SASIKALA v. STATE REP. BY       653
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
             (1) The Special Judge shall after completion of             A
             evidence put to all the accused all relevant evidence
             and documents appearing against them whilst
             recording their statement under Section 313. All the
             accused shall personally appear in court, on the day
             they are called upon to do so, for answering                B
             questions under Section 313 of the Criminal
             Procedure Code.

     These petitions are allowed in the above terms."

      6. Though a detailed recital will not be necessary it              c
appears that notwithstanding the above directions of this court
not much progress has been achieved to bring to trial in Special
CC No. 208 of 2004 to its logical conclusion. Soon after the
proceedings were transferred to the Special Court at Bangalore
an order dated 27th June, 2005 was passed by the learned trial           D
court for clubbing of the two cases. This order came to be
challenged before this court by the petitioner in the Transfer
Petitions, i.e. Shri K. Anbazihagan and until the Special Leave
Petition filed (SLP No.3828/2005) was disposed of on 22nd
January, 2010 the criminal proceedings had remained stayed.              E
It also appears that from time to time applications had been
filed before the learned trial court by one or the accused raising
different interlocutory issues and also seeking to vindicate
different facets of the right of the accused to a free and fair trial.
Such applications, inter alia, were for translation of depositions       F
of prosecution witnesses running into thousands of pages; for
corrections in such translations; for appointment or assistance
of an interpreter and such are the incidental matters. The orders
passed by the trial court on all such applications invariably
came to be challenged before the High Court and even before
                                                                         G
this court. On several of such occasions the trial came to be
halted due to interim orders passed by different courts.
Consequently, as on date the examination of the appellant
(accused No.2) under Section 313 Cr.P.C. is going on, the
same having commenced on 18th February, 2012. While such
                                                                         H
    654      SUPREME COURT REPORTS                [2012] 10 S.C.R.


A examination of the appellant was midway and she had
  answered over 500 questions out of the contemplated double
  the number, an application dated 16th April, 2012 was filed by
  the appellant before the learned trial court seeking certified
  copies of certain unmarked and unexhibited documents which
B were claimed to be in the custody of the court on being so
  forwarded alongwith the report of investigation under Section
  173(5) Cr.P.C. The learned trial court dismissed the said
  application by its order 3rd April, 2012, whereafter, the High
  Court of Karnataka was approached by means of Criminal
c Petition No.1840 of 2012. The petition having been dismissed
  by the High Court on 16th April, 2012, the appellant forthwith
  filed another application before the learned trial court, this time,
  seeking an inspection of the said unmarked and unexhibited
  documents in respect of which the earlier application was filed
D but rejected. This application was also rejected by the learned
  trial court by its order dated 21st April, 2012 which led to the
  inception of Criminal Petition No.2483 of 2012 in the High Court
  which was dismissed on 28th May, 2002 . The said order dated
  28th May, 2012 as well as the earlier order dated 16th April,
E 2012 of the High Court have been challenged before this court
  in the present appeals.

         7. A reading of the orders passed by the learned trial court
  on the applications filed by the present appellant as well as the
  two separate orders passed by the High Court affirming the
F orders of the trial court would go to show that the grounds that
  found favour with the learned courts to reject the prayer made
  by the appellant are largely similar. It is the view of the learned
  trial court as well as the High Court that in the present case the
  charges against the appellant were framed way back in the
G year 2007. At the time of the framing of the charge the court is
  required to satisfy itself that all papers, documents and
  statements required to be furnished to the accused under
  Section 207 Cr.P.C. have been so furnished. No grievance in
  this regard was raised by the appellant or any of the accused.
H The issue was also not raised at any point of time in the course
       V.K. SASIKALA v. STATE REP. BY       655
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
of examination of any of the prosecution witnesses (over 250          A
witnesses had been examined). It has also been expressed by
the High Court that though the appellant had answered over 532
questions in her examination under Section 313 Cr.P.C. no
grievance was raised or any prejudice claimed by the appellant
at any earlier point of time. It is also the view of the High Court   s
that non furnishing of the copies of the documents or not
conceding to the prayer for inspection will not automatically
render the prosecution bad in law in as much as the effect of
such action must result in prejudice to the accused which
question can well be decided when the matter is being                 c
considered on merits. The High Court also took the view that
the documents, copies or inspection of which was sought, being
unmarked and unexhibited documents, objections can always
be raised if the accused is to be questioned in connection with
such documents in her examination under section 313 Cr.P.C.
                                                                      0
In addition to the above, the High Court was of the view that
this court having passed clear directions in its order dated 18th
November, 2003 that the criminal proceedings against the
accused should be brought to its earliest conclusion by
conducting the trial on day to day basis, the filing of the
applications for certified copies/inspection of the unmarked and      E
unexhibited documents constitute another attempt on the part
of the appellant to over reach the order of this court and delay
the trial. It is the correctness of the reasons assigned by the
High Court for ultimate conclusions reached by it that has been
assailed before us in the present appeals.                            F

     8. We have heard Shri Shekhar Naphade and Shri V.Giri,
learned senior counsel for the appellant and Shri Rakesh
Dwivedi, learned senior counsel for the respondent. We have
also heard Shri T.R. Andhiyarujina, learned senior counsel G
appearing for the applicant Shri K.Anbazhagan, General
Secretary, DMK Party, who has sought impleadment in the
present proceedings. The learned senior counsel had been
heard, primarily, on the prayer for impleadment, in the course
of which, naturally, he was permitted to traverse the relevant H
    656      SUPREME COURT REPORTS                [2012] 10 S.C.R.


A   facts of the case. Upon hearing the learned senior counsel we
    do not consider it necessary to pass any specific order on the
    impleadment application as we are finally disposing both the
    appeals by the present order.

         9. Learned counsel for the appellant have vehemently
8
   contended that from the objections filed to the applications
   seeking certified copies or an inspection of the unmarked and
   unexhibited documents as well as from the orders of the learned
   trial courtpassed on the said applications it is clear that out of
   the papers forwarded to the court under Section 173(5) Cr.P.C.
C alongwith the report of investigation some documents have
   been marked and exhibited by the prosecution while some
   other documents have not been so utilised. As all such
   documents had been forwarded to the court upon completion
   of investigation the unmarked and unexhibited documents are
D in the custody of the court. According to the learned counsel,·
   the appellant in her application to the learned trial court (IA
   No.711/2012) had set out a complete list of the unmarked
   documents mentioning the particulars of the search lists by
   which the! documents were seized in the course of investigation.
E Learned counsel has further argued that the conduct of the
   prosecution in not marking and exhibiting the said documents
   can only indicate that the same do not support the prosecution
   case and in fact may assist the defence of the accused. As the
   answers to the questions put to the accused under Section 313
F are capable of being relied upon against or in favour of the
   accused, the appellant had sought copies/inspection of such
   documents so as to be in a position to assess as to which of
   the documents can come to the aid of her defence so that the
   answers given by her in her examination under Section 313
G Cr.P.C. can be projected without reflecting any inconsistency
   with the defence that may be adduced. The attention of the court
   has also been drawn to an affidavit filed by the petitioner
 · pinpointing as to how some of the documents could be relevant
   to certain specific questions put to the appellant in the course
H of her examination under Section 313 Cr.P.C. In fact, according
        V.K. SASIKALA v. STATE REP. BY       657
 SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
 to the learned counsel the right of the appellant to copies or, A
 at least, to an inspection of the documents constitute a part of
 the larger right of the appellant to a fair trial of the charges
 levelled against her. RelianGe has been placed on the decisions
 of this court in Sidhartha l/ashisht alias Manu Sharma vs.
 State (NCT) of DelhP, Sanatan Naskar and another vs. State B
 of West BengaP and Manu Sao vs. State of Bihar4.

        10. On the other hand, learned counsel for the State has
  contended that when the documents copies or inspection of
  which has been sought are not being relied on by the
  prosecution, in any manner, to bring home the charge against            C
  the appellant it is not open for the appellant to insist on any right
  to the copies of such documents or to inspect the same. It is
  urged that the documents relevant to the charge had been
  furnished to the appellant under Section 207at the appropriate
  stage of the proceeding and also that such documents had                D
  been duly considered at the time of framing of charges. No
  issue in this regard was raised by the appellant at any earlier
  point of time. In fact, though different objections to various other
  facets of the trial were raised by the appellant from time to time
. by filing repeated/successive applications it is only when the          E
  examination of the appellant under Section 313 Cr.P.C. had
  reached a fairly advanced stage that the present applications
  have been filed. Both the applications, therefore, are in utter
  abuse of the process of law and being calculated only to delay
  the trial the same have been rightly rejected by the learned trial      F
  courtwhich orders have been affirmed by the High Court.
  Learned counsel has also pointed out that the contention to the
  effect that the documents are required to enable the appellant
  to prepare her defence is wholly untenable as the said stage
  would arise only after the examination of all the accused under         G
  Section 313 Cr.P.C. is complete.

2.   (2010) a sec 1.
3.   (2010) a sec 249.
4.   (2011) 1 sec 310                                                     H
    658     SUPREME COURT REPORTS               [2012] 10 S.C.R.

A       11. The parameters governing the process of investigation
  of a criminal charge; the duties of the investigating agency and
  the role of the courts after the process of investigation is over
  and a report thereof is submitted to the court is exhaustively
  laid down in the different Chapters of the Code of Criminal
B Procedure, 1973 (Cr.P.C.). Though the power of the
  investigating agency is large and expansive and the courts have
  a minimum role in this regard there are inbuilt provisions in the
  Code to ensure that investigation of a criminal offence is
  conducted keeping in mind the rights of an accused to a fair
C process of investigation. The mandatory duty cast on the
  investigating agency to maintain a case diary of every
  investi~iation on a day to day basis and the power of the court
  under Section 172 (2) and the plenary power conferred in the
  High Courts by Article 226 the Constitution are adequate
  safeguards to ensure the conduct of a fair investigation. Without
0
  dilating on the said aspect of the matter what has to be taken
  note of now are the provisions of the Code that deal with a
  situation/stage after completion of the investigation of a case.
  In this regard the provisions of Section 173 (5) may be
  specifically noted. The said provision makes it incumbent on
E the Investigating agency to forward/transmit to the concerned
  court all documents/statements etc. on which the prosecution
  proposes to rely in the course of the trial. Section 173(5),
  however, is subject to the provisions of Section 173(6) which
  confers a power on the investigating officer to request the
F concerned court to exclude any part of the statement or
  documents forwarded under Section 173(5) from the copies to
  be granted to the accused. The court having jurisdiction to deal
  with the matter, on receipt of the report and the accompanying
  documents under Section 173, is next required to decide as
G to whether cognizance of the offence alleged is to be taken in
  which event summons for the appearance of the accused before
  the court is to be issued. On such appearance, under Section
  207 Cr.P.C., the concerned court is required to furnish to the
  accused copies of the following documents:
H
       V.K. SASIKALA v. STATE REP. BY       659
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
      (i)     The police report;                                     A

      (ii)    The first information report recorded under section
              154;

      (iii)   The statements recorded under sub-section (3) of
              section 161 of all persons whom the prosecution        8
              proposes to examine as its witnesses, excluding
              therefrom any part in regard to which a request for
              such exclusion has been made by the police officer
              under sub-section (6) of section 173;
                                                                     c
      (iv)    The confessions and statements, if any, recorded
              under section 164;

      (v)     Any other document or relevant extract thereof
              forwarded to the Magistrate with the police report
              under sub-section (5) of section 173.
                                                                     0

      12. While the first proviso to Section 207 empowers the
court to exclude from the copies to be furnished to the accused
such portions as may be covered by Section 173(6), the second
proviso to Section 207 empowers the court to provide to the          E
accused an inspection of the documents instead of copies
thereof, if, in the opinion of the court it is not practicable to
furnish to the accused the copies of the documents because
of the voluminous content thereof. We would like to emphasise,
at this stage, that while referring to the aforesaid provisions of   F
the Code, we have deliberately used the expressions "court"
instead of the expression "Magistrate" as under various special
enactments the requirement of commitment of a case to a
higher court (court of Sessions) by the Magistrate as mandated
by the Code has been dispensed with and the special courts           G
constituted under a special statute have been empowered to
receive the report of the investigation along with the relevant
documents directly from the investigating agency and thereafter
to take cognizance of the offence, if so required.
                                                                     H
    660      SUPREME COURT REPORTS                [2012] 10 S.C.R.


A       13. It is in the context of the above principles of law and
  the provisions of the Code that the rights of the appellant will
  have to be adjudicated upon by us in the present case. It is not
  in dispute that after the appearance of the accused in the Court
  of the Special Judge a large number of documents.forwarded
B to the Court by the Investigating Officer along with his report,
  had been furnished to the accused. Thereafter, charges against
  the accused had been framed way back in the year 2007 and
  presently the trial has reached the stage of examination of the
  second accused, i.e. appellant under the provisions of Section
c 313 Cr.P.C. At no earlier point of time (before the examination
  of the second accused under Section 313 Cr.P.C.) the accused
  had pointed out that there are documents in the Court which
  have been forwarded to it under Section 173 (5) and which
  have not been relied upon by the prosecution. It is only at such
  an advanced stage of the trial that the accused, after pointing
0
  out the said facts, had claimed an entitlement to copies of the
  said documents or at least an inspection of the same on the
  ground that the said documents favour the accused.

         14. Seizure of a large number of documents in the course
E   of investigation of a criminal case is a common feature. After
    completion of the process of investigation and before
    submission of the report to the Court under Section 173
    Cr.P.C., a fair amount of application of mind on the part of the
    investigating agency is inbuilt in the Code. Such application of
F   mind is both with regard to the specific offence(s) that the
    Investigating Officer may consider to have been committed by
    the accused and also the identity and particulars of the specific
    documents and records, seized in the course of investigation,
    which supports the conclusion of the Investigating Officer with
G   regard to the offence(s) allegedly committed. Though it is only
    such reports which support the prosecution case that are'
    required to be forwarded to the Court under Section 173 (5) in
    every situation where some of the seized pap,ers and
    documents do not support the prosecution case and, on the
H   contrary, supports the accused, a duty is cast on the
       V.K. SASIKALA v. STATE REP. BY       661
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
Investigating Officer to evaluate the two sets of documents and       A
materials collected and, if required, to exonerate the accused
at that stage itself. However, it is not impossible to visualize a
situation whether the Investigating Officer ignores the part of the
seized documents which favour the accused and forwards to
the Court only those documents which support the prosecution.         B
If such a situation is pointed by the accused and such
documents have, in fact, been forwarded to the Court would it
not be the duty of the Court to make available such documents
to the accused regardless of the fact whether the same may
not have been marked and exhibited by the prosecution? What           c
would happen in a situation where such documents are not
forwarded by the Investigating Officer to the Court is a question
that does not arise in the present case. What has arisen before
us is a situation where evidently the unmarked and unexhibited
documents of the case that are being demanded by the
accused had been forwarded to the Court under Section 173             D
(5) but are not being relied upon by the prosecution. Though
the prosecution has tried to cast some cloud on the issue as
to whether the unmarked and unexhibited documents are a part
of the report under Section 173 Cr.P.C., it is not denied by the
prosecution that the said unmarked and unexhibited documents          E
are presently in the custody of the Court. Besides, the accused
in her application before the learned Trial court(IA 711/2012)
had furnished specific details of the said documents and had
correlated the same with reference to specific seizure lists
prepared by the investigating agency. In such circumstances,          F
it can be safely assumed that what has been happened in the
present case is that along with the report of investigation a
large number of documents have been forwarded to the Court
out of which the prosecution has relied only on a part thereof
leaving the remainder unmarked and unexhibited.                       G

     15. In a recent pronouncement in Siddharlh Vashisht @
Manu Sharma V. State (NCT of Delhi) (supra) to which one
of us (Sathasivam, J) was a party, the role of a public prosecutor
and his duties of disclosure have received a wide and in-depth        H
    662      SUPREME COURT REPORTS                  [2012] 10 S.C.R.


A   consideration of this Court. This Court has held that though the
    primary duty of a Public Prosecutor is to ensure that an accused
    is punished, his duties extend to ensuring fairness in the
    proceedings and also to ensure that all relevant facts and
    circumstances are brought to the notice of the Court for a just
B   ~etermination of the truth so that due justice prevails. The.
    fairne~;s of the investigative process so as to maintain the
    citizens' rights under Articles 19 and 21 and also the active role
    of the court in a criminal trial have been exhaustively dealt with
    by this Court. Finally, it was held that it is the responsibility of
C   the investigating agency as well as that of the courts to ensure
    that every investigation is fair and does not erode the freedom
    of an individual except in accordance with law. It was also held
    that one of the established facets of a just, fair and transparent
    investigation is the right of an accused to ask for all such
    documents that he may be entitled to under the scheme
D   contemplated by the Code of Criminal Procedure. The said
    scheme was duly considered by this Court in different
    paragraphs of the report. The views expressed would certainly
    be useful for reiteration in the context of the facts of the present
    case:-
E
          "216. Under Section 170, the documents during
          investigation are required to be forwarded to the
          Magistrate, while in terms of Section 173(5) all documents
          or relevant extracts and the statement recorded under
F         Section 161 have to be forwarded to the Magistrate. The
          investigating officer is entitled to collect all the material,
          which in his wisdom is required for proving the guilt of the
          offender. He can record statement in terms of Section 161
          and his power to investigate the matter is a very wide one,
G         which is regulated by the provisions of the Code. The
          statement recorded under Section 161 is not evidence per
          se under Section 162 of the Code. The right of the ccused
          to receive the documents/statements submitted before the
          court is absolute and it must be adhered to by the
          prosecution and the court must ensure supply of
H
       V.K. SASIKALA v. STATE REP. BY       663
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
                                                                   ,
   documents/statements to the accused in accordance with          A
   law. Underthe proviso to Section 162(1) the accused has
   a statutory right of confronting the witnesses with the
   statements recorded under Section 161 of the Code thus
   indivisible.
                                                                   8
   217. Further, Section 91 empowers the court to summon
   production of any document or thing which the court
   considers necessary or desirable for the purposes of any
   investigation, inquiry, trial or another proceeding under the
   provisions of the Code. Where Section 91 read with
   Section 243 says that if the accused is called upon to enter    C
   his defence and produce his evidence there he has also
   been given the right to apply to the court for issuance of
   process for compelling the attendance of any witness for
   the purpose of examination, cross-examination or the
   production of any document or other thing for which the         D
   court has to pass a reasoned order.

   218. The liberty of an accused cannot be interfered with
  except under due process of law. The expression "due
  process of law" shall deem to include fairness in trial. The     E
  court (sic Code) gives a right to the accused to receive
  all documents and statements as well as to move an
  application for production of any record or witness in
  support of his case. This constitutional mandate and
  statutory rights given to the accused place an implied
                                                                   F
  obligation upon the prosecution (prosecution and the
  Prosecutor) to make fair disclosure. The concept of fair
  disclosure would take in its ambit furnishing of a
  document which the prosecution relies upon whether filed
  in court or not. That document should essentially be
  furnished to the accused and even in the cases where             G
  during investigation a document is bona fide obtained by
  the investigating agency and in the opinion of the
  Prosecutor is relevant and would help in arriving at the
  truth, that document should a/so be disclosed to the
  accused.                                                         H
    664       SUPREME COURT REPORTS                [2012] 10 S.C.R.


A         219. The role and obligation of the Prosecutor particularly
          in relation to disclosure cannot be equated under our law
          to that prevalent under the English system as aforereferred
          to. But at the same time, the demand for a fair trial cannot
          be ignored. It may be of different consequences where a
B         document which has been obtained suspiciously,
          fraudulently or by causing undue advantage to the accused
          during investigation such document could be denied in the
          discretion of the Prosecutor to the accused whether the
          prosecution relies or not upon such documents, however
          in other cases the obligation to disclose would be more
c         certain. As already noticed the provisions of Section 207
          have a material bearing on this subject and make an
          interesting reading. This provision not only require or
          mandate that the court without delay and free of cost
          should furnish to the accused copies of the police report,
D         first information report, statements, confessional
          statements of the persons recorded under Section 161
          whom the prosecution wishes to examine as witnesses,
          of course, excluding any part of a statement or document
          as contemplated under Section 173(6) of the Code, any.
E         other document or relevant extract thereof which has been
          submitted to the Magistrate by the police under sub-
          section (5) of Section 173. In contradistinction to the
          provisions of Section 173, where the legislature has used
          the expression "documents on which the prosecution relies"
F         are not used under Section 207 of the Code. Therefore,
          the provisions of Section 207 of the Code will have to be
          given liberal and relevant meaning so as to achieve its
          object. Not only this, the documents submitted to the
          Magistrate along with the report under Section 173(5)
G         would deem to include the documents which have to be
          sent to the Magistrate during the course of investigation
          as per the requirement of Section 170(2) of the Code.

          220. The right of the accused with regard to disclosure
          of documents is a limited right but is codified and is the
H
       V.K. SASIKALA v. STATE REP. BY       665
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
   very foundation of a fair investigation and trial. On such A
   matters, the accused cannot claim an indefeasible legal
   right to claim every document of the police file or even the
   portions which are permitted to be excluded from the
   documents annexed to the report under Section 173(2) as
   per orders of the court. But certain rights of the accused B
   flow both from the codified law as well as from equitable
   concepts of the constitutional jurisdiction, as substantial
   variation to such procedure would frustrate the very basis
   of a fair trial. To claim documents within the purview of
   scope of Sections 207, 243 read with the provisions of c
   Section 173 in its entirety and power of the court under
   Section 91 of the Code to summon documents signifies
   and provides precepts which will govern the right of the
   accused to claim copies of the statement and documents
   which the prosecution has collected during investigation D
   and upon which they rely.

    221. It will be difficult for the Court to say that the accused
    has no right to claim copies of the documents or request
    the Court for production of a document which is part of the
    general diary subject to satisfying the basic ingredients of E
    law stated therein. A document which has been obtained
    bona fide and has bearing on the case of the prosecution
    and in the opinion of the Public Prosecutor, the same
    should be disclosed to the accused in the interest of
   justice and fair investigation and trial should be furnished F
    to the accused. Then that document should be disclosed
   to the accused giving him chance of fair defence,
    particularly when non-production or disclosure of such a
   document would affect administration of criminal justice
   and the defence of the accused prejudicially."                   G

                                          (emphasis supplied)

     (Sidhartha Vashisht v. State (NCT of Delhi), (2010) 6
                                                        sec 1)
                                                                   H
    666      SUPREME COURT REPORTS                   [2012) 10 S.C.R.

A         16. The declaration of the law in Sidhartha Vashisht (supra)
    may have touched upon the outer fringe of the issues arising
    in the present case. However, the positive advancement that
    has been achieved cannot, in our view, be allowed to take a
    roundabout turn and the march has only to be carried forward.
B   If the claim of the appellant is viewed in context and perspective
    outlined above, according to us, a perception of possible
    prejudice, if the documents or at least an inspection thereof is
    denied, looms large. The absence of any claim on the part of
    the accused to the said documents at any earlier point of time
c   cannot have the effect of foreclosing such a right of the
    accused. Absence of such a claim, till the time when raised,
    can be understood and explained in several reasonable and
    acceptable ways. Suffice it would be to say that individual notion
    of prejudice, difficulty or handicap in putting forward a defence
    would vary from person to person and there can be no uniform
0
    yardstick to measure such perceptions. If the present appellant
    has perceived certain difficulties in answering or explaining
    some part of the evidence brought by the prosecution on the
    basis of specific documents and seeks to ascertain if the
E   allegedly incriminating documents can be better explained by
    reference to some other documents which are in the court's
    custody, an opportunity must be given to the accused to satisfy
    herself in this regard. It is not for the prosecution or for the Court
    to compn~hend the prejudice that is likely to be caused to the
    accused. The perception of prejudice is for the accused to
F   develop and if the same is founded on a reasonable basis it
    is the duty of the Court as well as the prosecution to ensure
    that the accused should not be made to labour under any such
    perception and the same must be put to rest at the earliest. Such
    a view, according to us, is an inalienable attribute of the
G   process of a fair trial that Article 21 guarantees to every
    accused.

        17. The issue that has emerged before us is, therefore,
    somewhat larger than what has been projected by the State and
H   what has been dealt with by the High Court. The question
       V.K. SASIKALA v. STATE REP. BY       667
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]

arising would no longer be one of compliance or non-                  A
compliance with the provisions of Section 207 Cr.P.C. and
would travel beyond the confines of the strict language of the
provisions of the Cr.P.C. and touch upon the larger doctrine of
a free and fair trial that has been painstakingly built up by the
courts on a purposive interpretation of Article 21 of the             B
Constitution. It is not the stage of making of the request; the
efflux of time that has occurred or the prior conduct of the
accused that is material. What is of significance is if in a given
situation the accused comes to the court contending that some
papers forwarded to the Court by the investigating agency have        c
not been exhibited by the prosecution as the same favours the
accused the court must concede a right to in the accused to
have an access to the said documents, if so claimed. This,
according to us, is the core i.ssue in the case which must be
answered affirmatively. In this regard, we would like to be           0
specific in saying that we find it difficult to agree with the view
taken by the High Court that the accused must be made to await
the conclusion of the trial to test the plea of prejudice that he
may have raised. Such a plea must be answered at the earliest
and certainly before the conclusion of the trial, even though it
may be raised by the accused belately. This is how the scales
                                                                      E
of justice in our Criminal Jurisprudence have to be balanced.

     18. There is yet another possible dimension of the case.
It is the specific contention of the accused in both the
applications dated 29.3.2012 (for certified copies of the             F
unmarked documents) and 18.4.2012 (for inspection) that it is
in the course of the examination of the accused under Section
313 Cr.P.C. that a perception had developed that the accused
may be giving incomplete/ incorrect answers in response to the
questions put to her by the Court and that she needs copies of        G
the documents or at least an opportunity of inspection of the
same to enable her to provide effective answers and to
appropriately prepare her defence.

     19. Any debate or discussion with regard to the purport
                                                                      H
    668       SUPREME COURT REPORTS                [2012] 10 S.C.R.


A and ob.iect of the examination of an accused under Section 313
    Cr.P.C. is wholly unnecessary as the law in this regard is fairly
    well settled by a long line of the decisions of this Court. The
  . examination of an accused under Section 313 Cr.P.C. not only
    provides the accused an opportunity to explain the incriminating
B circumstances appearing against him in the prosecution
    evidence but such examination also permits him to put forward
    his own version, if he so chooses, with regard to his involvement
    or otherwise in the crime alleged against him. Viewed from the
    latter point of view, the examination of an accused under
c   Section 313 Cr.P.C. does have a fair nexus with the defence
    that he may choose to bring, if the need arises. Any failure on
    the part of the accused to put forward his version of the case
    in his examination under Section 313 Cr.P.C. may have the
    effect of curtailing his rights in the event the accused chooses
    to take up a specific defence and examine defence witnesses.
0
    Besides, the answers given by the accused in his examination,
    if incorrect or incomplete, may also jeopardise him as such
    incorrect or incomplete answers may have the effect of
    strengthening the prosecution case against the accused. In this
E connection it may be appropriate to refer to two paragraphs of
    the judgment of this Court in Manu Sao Vs. State of Bihar°
    which are extracted below:-

                 "13. As already noticed, the object of recording the
          statement of the accused under Section 313 of the Code
F         is to put all incriminating evidence against the accused so
          as to provide him an opportunity to explain such
          incriminating circumstances appearing against him in the
          evidence of the prosecution. At the same time, also to
          permit him to put forward his own version or reasons, if he
G         so chooses, in relation to his involvement or otherwise in
          the crime. The court has been empowered to examine the
          accused but only after the prosecution evidence has been
          concluded. It is a mandatory obligation upon the court and
          besides ensuring the compliance therewith the court has
H s.   2010 (12) sec 3100.
       V.K. SASIKALA v. STATE REP. BY       669
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
   to keep· in mind that the accused gets a fair chance to A
   explain his conduct. The option lies with the accused to
   maintain silence coupled with simpliciter denial or in the
   alt~rnative to explain his version and reasons for his
   alleged involvement in the commission of crime. This is
   the statement which the accused makes without fear or right B
   of the other party to cross-examine him. However, if the
   statements made are false, the court is entitled to draw
   adverse inferences and pass consequential orders, as
   may be called for, in accordance with law. The primary
   purpose is to establish a direct dialogue between the court c
   and the accused and to put to the accused every important
   incriminating piece of evidence and grant him an
   opportunity to answer and explain. Once such a statement
   is recorded, the next question that has to be considered
   by the court is to what extent and consequences such
                                                                 0
   statement can be used during the enquiry and the trial. Over
   the period of time, the courts have explained this concept
   and now it has attained, more or less, certainty in the field
   of criminal jurisprudence.

          14. The statement of the accused can be used to E
   test the veracity of the exculpatory nature of the admission,
   if any, made by the accused. It can be taken into
   consideration in any enquiry or trial but still it is not strictly
   evidence in the case. The provisions of Section 313(4)
   explicitly provides that the answers given by the accused F
   may be taken into consideration in such enquiry or trial and
   put in evidence against the accused in any other enquiry
   or trial for any other offence for which such answers may
   tend to show he has committed. In other words, the use is
   permissible as per the provisions of the Code but has its G
   own limitations. The courts may rely on a portion of the
   statement of the accused and find him guilty in
   consideration of the other evidence against him led by the
   prosecution, however, such statements made under this
   section should not be considered in isolation but in H
    670       SUPREME COURT REPORTS                    [2012] 10 S.C.R.


A         conjunction with evidence adduced by the p·rosecution."

           20. If the above is the avowed purport and object of the
    examination of an accused under Section 313 Cr.P.C., we do
    not see as to how the appellant (second accused) can be
    denied an access to the documents in respect of which prayers
8
    have been made in the applications dated 29.3.2012 {for
    certified copies of the unmarked documents) and dated
    18.4.2012 (for inspection) before the learned trial Court. While
    the anxiety to bring the trial to its earliest conclusion has to be
    shared it is fundamental that in the process none of the well
C   entrenched principles of law that have been laboriously built by
    illuminating judicial precedents is sacrificed or compromised.
    In no circumstance, the cause of justice can be made to suffer,
    though, undoubtedly, it is highly desirable that the finality of any
    trial is achieved in the quickest possible time. In view of what
D   has been stated above and to balance the need to bring the
    prosecution in the present case to its earliest conclusion and
    at the same time to protect and preserve the right of the
    ac ...ised to a fair trial we are of the view that the following
    directions would take care of the conflicting interests that have
E   surfaced in the present case:-

          (1) The accused No.2, i.e. the appellant herein, be allowed
          an inspection of the unmarked and unexhibited documents
          referred to by her in the application dated 29.3.2012, i.e.,
F         IA No. 711 of 2012 in CC No. 2008/2004 filed.Jn the Court
          of XXXVI Additional City Civil & Sessions Judge,
          Bangalore;

          (2) Such inspection will be completed within a period of
          21 days from the date of receipt of this order by the
G         learned trial court. The venue of such inspection and also
          the persons who will be permitted to be present at the time
          of inspection will be decided by the learned trial court.

          (3) The right of inspection conferred by this order will not
H         affect the validity of any part of the trial till date, including,
       V.K. SASIKALA v. STATE REP. BY       671
SUPERINTENDENT OF POLICE [RANJAN GOGOi, J.]
    the examination of the accused No.1 under Section 313           A
    Cr.P.C. which has since been completed or any part of
    such examination of the second accused that may have
    been completed in the meantime.

    (4) In the event the third and the fourth accused also desire   8
    inspection of the unmarked and unexhibited documents
    such inspection will be allowed by the learned trial court.
    In such an event the process of inspection will also be
    simultaneously carried out and completed within the period
    of 21 days stipulated in the present order.
                                                                    c
     21. In the result, both the appeals shall stand disposed of
in terms of the directions as above.

B.B.B.                                   Appeals disposed of.