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2019 Supreme(MP) 421

VIVEK AGRAWAL
Yogendra Sangle – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ajay Bhargava for petitioner; Vinay Kumar, Public Prosecutor for respondent/State.

ORDER

1. Petitioner has filed this petition being aggrieved by order dated 24.7.19 passed by the Third Additional Sessions Judge, Dabra, rejecting an application under section 65 of the Evidence Act on the ground that petitioner had not produced the source from which photographs as were brought by him on record were obtained.

2. Petitioner's contention is that he only wants to put the other party to cross-examination as to whether such photographs showing presence of the prosecutrix were actually taken in her presence or not. He has placed reliance on the judgment of the Supreme Court in case of Shafi Mohammad v. State of Himachal Pradesh, as reported in (2018) 2 SCC 801 wherein the gist is that advantages gained by new techniques and new devices cannot be denied to be used and in this regard paragraph 21, 29 and 30 are relevant which are reproduced as under:

"21. We have been taken through certain decisions which may be referred to. In Ram Singh and others v. Col. Ram Singh, 1985 (Supp) SCC 611, a Three-Judge Bench considered the said issue. English Judgments in R. v. Maqsud Ali, (1965) 2 All ER 464, and R. v. Robson, (1972) 2 ALL ER 699, and American Law as noted in American Jur

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