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M. NAGAPRASANNA
Santhosh Shet – Appellant
Versus
State of Karnataka – Respondent
ORDER (CAV)
The petitioner is before this Court calling in question an order dated 09-01-2024 passed by the Additional District and Sessions Judge and Fast Track Special Judge, Davangere in S.C. No.56 of 2021 by which, additional material that was placed before the Court is permitted to be marked, as also recalling PW-3 for further cross examination in order to demonstrate contents of the compact disc that was marked on the said date. The petitioner would further challenge an order dated 11-06-2024 by which, the concerned Court permits recalling of PW-1 and PW-2 for further examination and consequently seeks quashment of entire trial.
2. Sans details, facts in brief, germane, are as follows:
The 2nd respondent is the complainant, cousin brother of the victim. The petitioner is accused No.1. It is the case of the prosecution that the petitioner is a tuition teacher and the victim is his student. When the student was studying in 8th standard, she used to visit the house of the teacher/petitioner for the purpose of tuitions. It is alleged that the teacher raped the student, records the said act in his mobile phone and threatens the victim not to reveal the same to anyone. Long after t
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....
(1) Electronic evidence – Certificate under Section 65B of Evidence Act is not required if electronic record is used as a primary evidence – Non-production of Certificate under Section 65B of Evidenc....
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
The duty of the trial judge to ensure the just determination of the case and the importance of following the legal provisions for admitting electronic evidence.
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....
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