It cannot be said as an absolute proposition that under no circumstances can the Court look into the material produced by the defence at the time of framing of the charges

Rukmini Narvekar vs Vijay Satardekar and others

Supreme Court

03/10/2008

(2008) 14 SCC 1 : CRIMINAL APPEAL NOS. _1576-1577 OF 2008 [@ Special Leave Petition (Criminal) Nos.7387-88 of 2007]

About/from the judgment:

Thus in our opinion, while it is true that ordinarily defence material cannot be looked into by the Court while framing of the charge in view of D.N. Padhi case, there may be some very rare and exceptional cases where some defence material when shown to the trial court would convincingly demonstrate that the prosecution version is totally absurd or preposterous and in such very rare cases the defence material can be looked into by the Court at the time of framing of the charges or taking cognizance. In our opinion, therefore, it cannot be said as an absolute preposition that under no circumstances can the court look into the material produced by the defence at the time of framing of the charges, though this should be done in very rare cases i.e., where the defence produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted.

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