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RAVINDRA V.GHUGE, B.U.DEBADWAR
Yogesh Arun Wakure – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The judgment emphasizes the critical importance of complying with Sections 45A and 65B of the Indian Evidence Act when evaluating electronic evidence such as CDR and CCTV footage. Proper adherence ensures the admissibility and reliability of such evidence (!) (!) .
The court underscores that reports under Section 169 of the CrPC, which conclude that there is no material against a person at the investigation stage, should not be accepted blindly or dismissed solely based on suspicion. These reports must be considered alongside electronic evidence, subject to the provisions of Sections 45A and 65B of the Indian Evidence Act (!) (!) .
The case highlights that electronic evidence, including CCTV footage and CDR/SDR records, must be scrutinized for authenticity and tampering, with expert opinions obtained under Section 79A of the Information Technology Act. Such evidence should not be disregarded without proper examination (!) .
The judgment clarifies that a report under Section 169 of the CrPC does not interfere with the investigation process and should be revisited by the trial court after the electronic evidence has been evaluated in accordance with the relevant legal provisions (!) (!) .
The court directed that the electronic evidence and related reports be re-evaluated by the trial court in compliance with Sections 45A and 65B of the Indian Evidence Act and Section 79A of the Information Technology Act, ensuring a fair and proper assessment of all evidence (!) (!) .
The impugned order was quashed and set aside, with instructions for the trial court to reconsider the electronic evidence and the report under Section 169 of the CrPC after proper legal scrutiny, and to proceed accordingly (!) (!) .
The appellant was released on default bail, but was reminded to adhere to the bail conditions, and the case was disposed of as infructuous due to the appellant's release (!) .
The court ordered the preservation and transmission of electronic evidence, including CDR/SDR records and CCTV footage, to the trial court for proper examination, ensuring the integrity of the evidence is maintained (!) (!) .
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JUDGMENT
1. On 04.03.2021, after briefly hearing the learned Advocates/prosecutor for the respective sides, we had passed the following order : -
"1. By Criminal Appeal No.105 of 2021 the appellant seeks to challenge the order dated 22-01- 2021 delivered by the learned Special Judge, Osmanabad, vide which, the report of the investigating agency under Section 169 of the CrPC, has been negated and the Investigating Officer has been directed to submit supplementary charge-sheet against the present appellant / accused - Yogesh.
2. Hearing of this appeal has commenced and as the learned Advocate for the appellant took us through the record available, we noticed that the CDR / SDR compilation at page nos. 194 to 196 set out in Criminal Appeal No.74 of 2021 (appeal paper book), does not reflect that the nodal officer of the cellular service provider has submitted those details.
3. The learned Prosecutor has drawn our attention to certain pages of the case diary pertaining to the case in hand indicating that the Investigating Officer (SDPO) has tendered a communication to the Superintendent of Police, Osmanabad praying for obtaining the CDR / SDR record from the service provider. The trial Co
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