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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
08/01/2025
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.
2. Succinctly, stated the facts of the case are that an FIR No.112/2023 came to be registered against the petitioner at the Police Station Mata Ka Than for the offences under Sections 384 and 376 of the IPC and after investigation, a charge-sheet has been filed against him. He moved an application under Section 91 of the CrPC before the trial court with a prayer that the call data record of the prosecutrix and her relatives, photographs and documents regarding arrest of petitioner under Section 107 and 1
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.
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