B. Kemal Pasha, J.

1. During the preparation of scene mahazar in the case, the investigating officer had contemporaneously recorded the scene as such and the activities, through video graph as well as photograph. The same were recorded in DVDs. Even though such an exercise was done by the investigating officer, the prosecution has not relied on the said DVDs as, according to the prosecution, there was no certification as mandated under Section 65B(4) of the Indian Evidence Act, 1872 making it admissible in evidence as an electronic record.

2. During the cross-examination of the investigating officer, the defence wanted to press into service those two DVDs, thereby those two DVDs were marked as documents before the court below through the cross-examination of the investigating officer on the side of the accused, as D30 and D31. The evidence is over. The case stood posted for the examination of the accused under Section 313 Cr.P.C.

3. During the course of the cross-examination of the investigating officer, Crl.M.P. No. 4641/2015 was filed by the accused before the court below seeking that those DVDs had to be played before the court below in open court for enabling him to confron