Kerala High Court orders to give the accused list of documents not relied on by prosecution: Purpose of trial is to unearth truth

The Kerala High Court in the case Varghese Kuruvila v State of Kerala and Others observed and has held that the accused has a right to access all materials which was being gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same.

The bench headed by Justice C. Jayachandran in the case remarked that the very reason that the prosecution is not relying upon the same may imply that the evidence in the matter may be in favour of the accused.

Kerala under the rule 19(4) of the Criminal Rules of Practice mandates that the accused shall be supplied with even those materials that are not relied upon by the investigation.

The Trial Court in the case observed and has refused the application of the accused to access those documents by saying that the requirement was incorporated into the rule only in 2022.

The Trial Court held that the rule was not applicable in the instant case as the final report was filed in the year 2014. The Petitioner had moved the High Court challenging the said order of the trial Court.