2020 M L D 62
There is remarkable difference among admissibility, relevance and evidentiary value of any piece of evidence because evidence may be admissible but not relevant for the issue, evidence may be admissible and relevant to the issue but of no evidentiary value; for the purpose of section 265-F(7), Cr.P.C. i.e. issuance of process for summoning evidence, accused has only to show that evidence sought to be summoned is admissible and has some relevance; it is important to mention here that degree of relevance of proposed evidence is immaterial for exercising powers under Section 265-F(7), Cr.P.C. and a piece of evidence having prima facie even slightest degree of relevance has to be summoned if otherwise it is not hit by the exceptions mentioned in Section 265-F(7), Cr.P.C.; as far as question of discussing evidentiary value of such piece of evidence is concerned, suffice to say that it would be premature to discuss the same at said stage, rather same shall only be determined by trial Court while finally deciding the case.






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