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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., P. V. BALAKRISHNAN, JJ.
Umer Ali S/o Abdul Hussain – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
P.V.BALAKRISHNAN, J.
This appeal is filed by the sole accused in SC No.182/2020 on the files of the Special Court of Sessions, Ernakulam Division, challenging his conviction and sentence imposed under Sections302, 376(A) and 201 IPC by that court.
Prosecution Case
2. On 27/11/2019 at about 1.08 am, the accused, a vagabond, with an intention to commit rape and murder of deceased Deepa dragged her to the courtyard of 'Indraprastha hotel' situated in Perumbavoor. Thereafter, when the deceased resisted the attempts of the accused, he took a hoe and hacked on her face causing injuries. Then, the accused laid the victim on the ground, disrobed her and committed rape upon her. Thereafter, the accused again inflicted injuries on the head, face and other parts of the body of the victim using the very same hoe, resulting in inflicting further injuries and the deceased succumbing to her injuries. Later, the accused also damaged a CCTV camera placed in the place of occurrence, which had captured the events. Hence, the prosecution alleged that the accused has committed the offences punishable under Sections 302, 376 (A)and 201 IPC.
Proceedings before the trial court
3. On appearance of the
The court ruled that electronic evidence must comply with Section 65B of the Evidence Act for admissibility; failure to do so resulted in the prosecution's case being deemed insufficient.
Point of Law – POCSO – Sentence - certificate under S. 65B(4) is unnecessary if the “original document” itself is produced, since it is being used as primary evidence of the information contained in ....
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....
The requirement of producing a valid certificate for the admissibility of secondary electronic evidence is mandatory, and failure renders the evidence inadmissible, affecting the validity of convicti....
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.
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....
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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