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ILESH J.VORA
DHRUBEN GURALDAS BALANI – Appellant
Versus
STATE OF GUJARAT – Respondent
Key Points: - The certificate under Section 65B(4) is unnecessary if the original electronic document itself is produced (!) (!) (!) . - Primary electronic evidence produced before the court does not require compliance with Section 65B(4) of the Indian Evidence Act, per the Arjun Pandit (supra) principle and the court’s reasoning in this case (!) (!) (!) . - The impugned order rejecting Exh. 499 is quashed; the matter is remitted to the trial Court for a fresh decision on the application Exh. 499, with a direction to complete the trial within six months; coordination with the coordinate bench is noted (!) .
ORDER :
1. By way of this petition, the petitioner invoking extraordinary jurisdiction of this Court under Article 226 and 227 of the Constitution of India read with Section 482 of the Cr.P.C, 1973, seeks to quash and set aside impugned order dated 07.09.2021 passed by the learned 3rd Additional Sessions Judge, Gandhinagar, below Exh 499, in Sessions Case No. 34 of 2014, whereby, the application of the petitioner to permit her to produce 3 original video cassettes, dated 13.12.1988, 21.10.1991 and 1996 which were initially recorded by Sadhak Motiben Sevaram Pariyani, wherein, Dr. Nourm (resident of Canada) and other foreign lady had given a speech in English which was translated in Gujarati language by witness no.31, Ishwarbhai Naranji Naik, who had given his opinion in one religious discourse held at Surat, which video cassettes are necessary to confront and examine the witness Ishwarbhai Naik. The application Exh. 499 rejected by the trial Court vide its order dated 27.09.2021.
2. Aggrieved with the impugned order, present petition has been filed.
3. This Court has heard learned counsel Mr. P.P. Majmudar and learned APP Mrs. Krina Calla for the respondent State.
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