Mumbai: Bombay High Court on Monday rejected the petition submitted by RSS official Rajesh Kunte to ensure he relied on the transcript in complaints of defamation that he proposed to Rahul Gandhi.
Kunte challenged the order of Magistrate Bhiwandi in 2018 who rejected his request to recognize as proof of the 2014 speech transcript by Gandhi, a copy that had been delivered by the leader of the Congress before the previous stop enthere.
Kunte has filed a complaint in giving an example of compact disc (CD) from an alleged speech by Gandhi which he allegedly slandered the RSS in connection with the murder of Mahatma Gandhi.
The Justice Revati Mohite Dere from HC did not find the benefits of the Kunte petition and said the prosecution or complainant must “stand on his own legs and prove his own case.” He said, “CD is a document” that Kunte relied on his complaint and only because the transcript was annexed with the Gandhi petition did not make it “public documents” for Kunte to rely on “complete” to a “law mandate for him to prove his own case.
Gandhi’s dismissal petition was dismissed by HC and he faced the trial in the 2014 case before the Judge let it give it to proof.
He looked for a copy of the transcript below section 294 of the criminal procedure code which stipulates that a document submitted before the court with the prosecution or defendant can be proven by asking them to recognize or deny the authenticity.
HC approved the advisor of Gandhi Sudeep Pasabola and advocated Kushal Mor that prosecution must prove the case and the defendant could not be forced to recognize or deny any document against it.
“Rights accused of remaining flowing from Article 20 (3) Constitution (immunity to self-accusation) and sacred in a.
Criminal trial.
There is no court that can force or direct accusations to recognize / reject any document.
This is also not the intention The legislature is under the part of 294 CRPC.
“HC in the order is held as” Pradhan submission which is fully incorporated that Gandhi should indicate a copy of the transcript as provided under Section 294 CRPC.
HC ruled, “only because the transcript was attached …
to the petition, it does not mean that the document has been received by respondents No.1 (Gandhi) so that quoting the applicant from proving the same thing.
It seems that the transcript …
to seek the dismissal Case, to show that there are no cases made.
The CD is the Applicant Document, which must be proven by the applicant during the trial in accordance with the law.
“The scope and purpose of Section 294 are very clear” to shorten proof of prosecution and to ensure that documents Certain when treated by the defendant, no need to be proven by the prosecution, “said Judge Mohite Dere.
He added, “The legislative intention is not to tie people accused or force them to recognize or deny the authenticity of the document produced by the prosecution.
It was resolved well if the defendant was forced to deny or recognize the document, it would contradict the constitutional mandate, because it was will violate article 20 (3) Indian constitution.
“