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2024 Supreme(Kar) 177

H. P. SANDESH
G. M. Kumar – Appellant
Versus
Kishan Hegde – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI S. BALAKRISHNAN, ADVOCATE

 

This matter is listed for admission and I have heard the learned counsel for the petitioner.

2. In this revision petition, the petitioner has prayed this Court to set aside the order passed by the First Appellate Court rejecting the application filed under Section 391(2) read with Section 207(V) of Cr.P.C. The prayer made in the said application is with regard to direct the respondent-complainant to produce mobile handset with its SIM card, memory card/ chip through which Ex.P1-CD is allegedly retrieved.

3. It is contended that the alleged defamatory statement was said to be telecasted on 29.03.2017 and 30.03.2017. But, on 30.03.2017 happened to be on Ugadi Festival. The Anchors of the TV channels used to wear traditional or ethnic dresses on the said date. But in the CD produced by the respondent, the Anchor is found wearing a suit and tie. Further, the respondent in the Certificate under Section 65B of the Evidence Act appended to the print out of Ex.P1, contended that the data was stored in his mobile phone having No.9845239894 i.e., Apple-7 model. But the mobile phone is not produced with its SIM card and memory chip to show that the alleged video clipping was telecasted on 29.0

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