Special Leave Petition (Crl.) No. 7966 of 2013. Case: Dr. Rajesh Talwar & Anr. Vs C.B.I. & Anr.. Supreme Court (India)

Case NumberSpecial Leave Petition (Crl.) No. 7966 of 2013
CounselFor Appellant: U.U. Lalit, Sr. Adv., Sandeep Kapur, Shivek Trehan, Niharika Karanjawala and Manik Karanjawala, Advs., For M/s. Karanjawala and Co. and For Respondents: Siddharth Luthra, ASG, Rajiv Nanda, Padma Lakshmi Nigam, Pramod Kumar Dubey, Supriya Juneja, B.V. Balram Das, Anandana Handa, Shiv Pande and Hemant Shah, Advs.
JudgesDr. B.S. Chauhan and S.A. Bobde, JJ.
IssueCode of Criminal Procedure, 1973 - Sections 91, 233, 233(3), 313; Evidence Act - Section 21; Constitution of India - Articles 14, 21
Citation2013 (6) ALJ 595., 2013 (4) JLJR 481, 2013 (4) JCC 2734, 2014 (1) LW 54 (Crl), 2013 (4) MLJ 362 (Crl), 2013 (4) RCR 687 (Criminal), 2013 (12) SCALE 464, 2014 (1) SCC 628, 2013 (3) ACR 3022, 2013 (XII) AD 305 (SC)
Judgement DateOctober 08, 2013
CourtSupreme Court (India)

Judgment:

S.A. Bobde, J.

  1. This special leave petition has been preferred against the impugned judgment dated 19.7.2013, passed by the High Court of Judicature at Allahabad in Application under Section 482 No.20215 of 2013 whereby the petitioners' prayer for documents pertaining to scientific tests made in their application 405/Kha dated 11.6.2013 filed under Section 233 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC') read with Section 91 was rejected.

  2. The petitioners are being tried for charges of committing the murder of their daughter Arushi and their domestic helper Hemraj in their house. At the initial stage, the investigation was conducted by the U.P. Police, however, it was later transferred to the Central Bureau of Investigation (hereinafter referred to as the 'CBI'). A closure report was submitted before the Magistrate who disagreed with it and has issued the process to the petitioners for the charge of committing the double murder.

  3. The present stage of the trial is that the evidence of the prosecution is closed and the statements of the accused are being recorded under Section 313 Cr.PC. The application in question under Section 311 for examining 7 other left over witnesses was moved at this stage. Alongwith this application, another application under Section 233 Cr.PC read with Section 91 has been moved on 11.6.2013, in respect of the reports of certain tests conducted on 3 persons who at one time were suspected accused and had been in police custody, namely, Krishna, Raj Kumar and Vijay Mandal. By this application, the petitioners' sought the following reports:

    (i) Narco-analysis test reports and CD of Krishna conducted at FSL Bangalore;

    (ii) Narco-analysis test reports and CD of Rajkumar conducted at FSL Bangalore;

    (iii) Narco-analysis test reports and CD of Vijay Mandal conducted at FSL Bangalore;

    (iv) Brain mapping test of Rajkumar conducted at FSL Gandhinagar;

    (v) Brain mapping test of Krishna conducted at Bangalore; (vi) Brain mapping test of Vijay Mandal conducted at Bangalore;

    (vii) Lie detector, polygraph test reports of Krishna, Raj Kumar and Vijay Mandal conducted at CFSL New Delhi, FSL Bangalore, FSL Gandhinagar;

    (viii) Psychological analysis test reports of Krishna, Raj Kumar and Vijay Mandal conducted at AIIMS, FSL Bangalore, FSL Gandhinagar.

    (ix) The Narco-analysis test, brain mapping test, polygraph test and the psychological tests done at AIIMS, CFSL New Delhi and at FSL Gandhinagar of the accused Dr. Rajesh Talwar and Mrs. Nupur Talwar.

    x) The written opinion / report and its annexures and other related documents dated 31.7.2008 of the postmortem doctors i.e. Dr. Sunil Dohre and Dr. Naresh Raj regarding inspection and examination of the then murder weapon (Khukhri) sent to them by the CBI.

    In addition, applicants also asked for call records, material forming the basis of...

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