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AJI – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 30.09.2024 Crl.M.P. No.210/2024 in S.C. No.303/2021 on the files of the Fast Track Special Court, Adoor. The revision petitioner herein is the accused in the above case.
2. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, at the time of admission. Perused the order impugned and relevant materials available.
3. In this matter, Crl.M.P No.210/2024 has been filed by the petitioner, who is the accused in S.C. No.303/2021 before the trial court, where the prosecution alleges commission of offences punishable under Sections 447 and 354 of IPC and under Sections 8 read with 7 and 12 read with 11(i) of the Protection of Children from Sexual Offences Act and sought for the relief to view the pendrive containing CCTV visuals on 13.03.2021 and 14.03.2021. In fact, copy of the same was produced in this crime as directed by this Court as per the order dated 24.06.2022 in W.P.(Crl). No.366/2022. The learned Special Public Prosecutor appeared before the Special Court and opposed
The accused has a right to access digital evidence for a fair trial, and denial of such access is unjustifiable.
The prosecution cannot file an application to admit a pen drive and summon a witness to testify about the pen drive after the completion of the investigation and after the accused has revealed his/he....
The admissibility of evidence is critical in criminal proceedings, and hearsay evidence cannot be accepted without proper substantiation.
At the stage of considering directions under section 156(3) of the Cr.P.C., the question of admissibility of evidence does not arise, and the CD forming part of the record can be viewed by the court.
A defendant has the right to obtain copies of all documents relied upon by the prosecution to ensure a fair trial.
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