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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Ramdev – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. fir registered against petitioner (Para 2) |
| 2. application for call data (Para 3) |
| 3. discussion on evidence (Para 4) |
Order
1. The instant criminal miscellaneous petition has been preferred on behalf of the petitioner for challenging the order dated 14.06.2024 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Jodhpur Metropolitan in Sessions Case No.47/2023, whereby the prayer made by him for taking on record the call details of the prosecutrix and his relatives and the photographs and the documents relating to prior arrest of the petitioner under Section 107 and 151 of the CrPC available with the investigating agency has been rejected.
3. Heard learned counsel for the parties and perused the material as made available to this Court.
3. A plea has been raised at the behest of petitioners to the effect that a false case has been foisted upon them. The arrest memos and the seizure memos were not prepared at the time mentioned on it and this fact can be verified from the production of the documents, which are in the form of electronic evidence. It was contended that the police officers, whose names are mentioned in the seizure memo, were not present
The court emphasized the fundamental right to defend oneself and the necessity of preserving evidence for a fair trial, allowing the summoning of call data records and related documents.
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming the fundamental right to defend oneself and the prosecution's burden to prove its case beyond reasonab....
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming that denying such evidence undermines the right to defend oneself.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
Preserving vital evidence is essential for justice, allowing the accused to summon evidence crucial for their defense even before trial.
The discretion to allow the filing of additional evidence, such as the CDR, under Section 311 Cr.P.C should be exercised judiciously for strong and valid reasons and with caution and circumspection t....
The court emphasized the necessity of preserving electronic evidence for ensuring a fair trial, ruling that denying access to such evidence hinders the pursuit of truth.
Point of law: Quash of order - it is not upon accused to disprove their case or to show who the guilty is, and the entire Durden of proving the guilt of accused beyond reasonable doubt would be sole....
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
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