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PUSHPENDRA SINGH BHATI
Sanjay Singh Kachhwaha S/o Jitendra Singh Kachhwaha – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following prayer:-
(i) The order dated 30.09.2022 passed by the learned Special Judge, SC/ST Act Cases, Udaipur may kindly be quashed and set aside and the application filed bythe accused petitioner for taking the CC TV footage on record as secondary evidence may kindly be allowed
(ii) defence may be allowed to exhibit mark and play the CD containing the CC TV footage and confront the eyewitnesses in cross examination;
(iii) proceedings pending before Special Judge, SC/ST (Prevention of Atrocities Cases) Udaipur (sic.) in Criminal Misc. Case No. 168/2018 may kindly be quashed and set aside.
(iv) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
2. Brief facts of the case, as the pleaded facts and a perusal of the record would reveal, are that complainant-Mahendra Chhaparwal, his brother-Gajendra Chhaparwal, his uncle-Murli Chhaparwal and Rahul Tamb
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....
The main legal point established in the judgment is that the certificate under Section 65B(4) of the Evidence Act is a condition precedent to the admissibility of electronic evidence, and the trial J....
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) ....
Compliance with the requirements of Section 65B of the Evidence Act is essential for the admissibility of digital evidence, and a defective certificate may be curable depending on the merits of the c....
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