The judgment established the admissibility of electronic evidence under Section 65-B of the J&K Evidence Act, Svt. 1977, and emphasized the need to follow the prescribed procedure for admitting evidence during trial.

Mohammad Yaqoob Mir, J.

Application of the accused, "for taking on record the memory cards, CD and for permitting the Laptop to be played in the Court, with a further prayer to permit the petitioners to confront PW 2 with his earlier statement, as given by him to the press and media, video recording of which in CD has been presented before the trial court along with Laptop chips and certificate from the person under whose management said instruments were and have been from the time of its recording with a further prayer for directing the ETV Urdu to produce the recording of the same for cross examination of the said witness in accordance with law" has been rejected by the trial court (4th Additional sessions Judge, Srinagar) vide order dated 08.04.2015. Same is to sought to be quashed.

2. In connection with murder of one Mst. Saja, case has been registered as FIR No.24 of 2013 P/S Safa Kadal for commission of offence punishable under Sections 302, 148, 147, 447, 120-B RPC. Investigation of the case culminated in presenting challan (charge sheet). Trial court has framed charge against the accused for commission of aforesaid offences and trial of the case as such is in progress.

3. PW 2, Tariq Ahmad, son of the deceased, before the trial court has deposed in the examination-in-chief that at the time of occurrence he was present on spot whereas during cross examination on the question of the counsel for the defence stated that it is incorrect that he was not present at the time of occurrence. Then has further stated that he did not pay heed as to whether his statement was recorded by ETV and telecasted or not. He further stated that he could not pay heed as to whose statement was recorded by press and media. At such stage learned defence counsel wanted to show video clippings but the statement, in view of the order recorded, has been deferred, as a result whereof defence counsel filed an application praying therein that the trial court may be pleased to take on record the memory cards, CD and permit Laptop to be played in the Court in order to demonstrate the importance and relevance of the earlier statement of PW Tariq Ahmad Khanday, son of the deceased, which he had given on spot to the press/media with a further prayer that the defence shall be allowed to contradict the witness and to impeach his credit so as to bring truth on the record with a further prayer that in case said witness still denies the same after having put the same to him, the memory cards and CD shall be sent for FSL examination or call for the recorders of the same to identify its veracity as required under law.

4. Trial court after noticing position of the case as well as law on the subject has concluded that the application at such stage could not be granted being premature, as such, dismissed the application with an observation that the order shall not preclude the applicants from availing the remedy at the appropriate stage when they will be required to enter upon their defence in terms of Section 274 Cr.P. C.

5. While considering the submissions as have been made by learned counsel for the parties and on careful scrutiny of the records what emerges is that trial court has ventured to look into the admissibility of the evidence and also the procedure governing the sessions trial. In the opinion of the trial court, the memory cards and CD being electronic evidence can be permitted to be produced by the defence at the time they will be asked to enter upon the defence.

6. Section 65-B of the J&K Evidence Act, Svt. 1977 envisage that any information contained in electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, subject to the conditions enshrined therein the Section, shall be admissible in any proceedings. The memory cards and CD, no doubt, is a document in terms of Section 65-B but same has t