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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Kamlesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
FARJAND ALI, J.
1. The instant Criminal Misc. Petition has been filed challenging the order dated 30.05.2024 passed by the learned trial Court by which the trial Judge dismissed the Petitioners' application under Sections 91, 311 of the Cr.P.C. and Section 165 of the Indian Evidence Act seeking the summoning of call details and mobile call locations of the concerned Police Officials.
2. Briefly stated the facts of the case are that the petitioners had been apprehended in connection with FIR No.207/2023 for alleged offences under the Arms Act and the NDPS Act, with contraband opium and a desi pistol purportedly was recovered from their vehicles. Following the investigation, the police had filed a chargesheet, and charges had been framed, which were denied by the petitioners. The petitioners contended that a search conducted at their residence and fields had yielded no illegal articles, and they had been taken into custody in a manner that suggested that the recovery had been fabricated by the police. They filed an application for summoning of call details and locations of the police officials involved, but their application under Sections 91, 311 Cr.P.C, and 165 of the Indian Evi
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.
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 ensuring a fair trial, ruling that denying access to such evidence hinders the pursuit of truth.
The duty of the court to collect evidence for the defense and the necessity of summoning call details for establishing innocence and ensuring fair trial.
The court established that under Section 91 Cr.P.C., the accused has the right to summon evidence essential for their defense, reinforcing the principle of a fair trial.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming that denying such evidence undermines the right to defend oneself.
The main legal point established is the importance of allowing applications under Section 91 of the Code to obtain vital evidence and ensure the cause of justice.
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