In Brief
The Supreme Court clarified the scope of Section 91 CrPC (power to summon documents) at the charge-framing stage in a rape case. While an accused cannot ordinarily invoke Section 91 to obtain investigative material not in the charge sheet, the court retains discretion to summon withheld material of sterling quality if satisfied it has crucial bearing on the charge-framing issue. This discretionary power serves justice and prevents investigator manipulation, but does not grant the defence an independent right to invoke Section 91 without court satisfaction. The High Court's automatic grant of the application was reversed."
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