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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI
X – Appellant
Versus
State of Maharashtra, Through its Police Inspector In-charge, Police Station, Jalna – Respondent
JUDGMENT :
1) Rule. Rule made returnable forthwith by consent of parties.
2) Original Informant is required to invoke the constitutional powers of this Court under Articles 226 and 227 of Constitution of India as well as inherent powers of this Court, under Section 482 of Code of Criminal Procedure to challenge the order passed on 04-06-2019 and 26-08-2019 by learned Judicial Magistrate First Class, Jalna; thereby allowing the respondent No.2/ original accused to put questions in respect of electronic evidence.
3) The factual matrix leading to the petition are that, respondent No.2 with one child- in-conflict with law, stood prosecuted for the offence punishable under Section 354, 504, 506 r/w. 34 of Indian Penal Code. The incident is stated to have occurred when the informant had gone to a shop for purchasing cake. After presentation of the charge-sheet against present respondent No.2, charge has been framed against him. The trial proceeded after he has pleaded not guilty. Examination-in-chief of the informant was recorded. Her cross-examination was completed on 14-12-2016. Thereafter it appears that as the matter was still pending, an application at Ex.37 came to be filed on behalf
The court emphasized that electronic evidence must comply with Section 65-B of the Evidence Act for admissibility, and the failure to provide necessary certification renders such evidence inadmissibl....
Point of Law : Remedy under Article 226 is discretionary remedy for doing complete justice and correcting injustice. So far Section 482 of the Code is concerned, if the high court finds necessary for....
The absence of a Section 65-B certificate for electronic evidence is a curable defect and does not invalidate trial proceedings.
The certificate under Section 65-B of the Evidence Act must accompany the electronic record when it is produced in evidence, and the prosecution is obligated to supply all documents upon which relian....
Compliance with the provisions related to electronic evidence and the admissibility of secondary evidence with the required certification is crucial in legal proceedings.
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
The court reaffirmed the necessity of a certificate under Section 65B of the Indian Evidence Act for the admissibility of electronic records, ensuring the integrity and authenticity of evidence prese....
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