Though Author Of CFSL Report Need Not Be Examined, It Is Not Admissible In Evidence Unless It Is Exhibited In Trial By A Witness : Delhi High Court

The Delhi High Court has reiterated that CFSL reports made by Government experts, which are admissible under Section 293 of CrPC without examining the author, are required to be tendered into evidence and cannot be relied upon unless the same was exhibited by some witness during the Course of trial. v. State, where a Division Bench of the High Court had held, "It is true that in view of Section 293 of the Criminal Procedure Code, the report in question need not have been proved by summoning the author thereof, but that does not mean, that during trial nobody had to tender the same in evidence and have the same exhibited by deposing that either he himself went to the FSL Laboratory and collected the report in question or deposing that during investigation he obtained the report in question and that the same pertains to the investigation conducted in the case which was being tried." Other irregularities recorded in the facts of the case are as follows: Prosecution had decided not to examine any of the six police officials that had formed a part of the raiding team regarding the events leading to the apprehension of the appellant: "The site plan also indicates that the spot where the encounter took place was straight ahead from where the raiding team was deployed. Even though the raiding team was deployed at a spot, which was not isolated, no public persons were joined as independent witnesses to the proceedings: "It is well settled that evidence of the police officers cannot be rejected only on the ground that it is not supported by independent witnesses.