1. The inherent powers of this Court under section 482 CrPC are invoked to assail the interlocutory order dated 27.10.2017 passed in S.T. No. 111/16 by Xth Additional Sessions Judge, Gwalior by which application under section 91 CrPC r/w section 65 B of Evidence Act preferred by the prosecution for allowing the electronic evidence of the audio clip of the conversation between the victim and the accused to be taken on record as secondary evidence has been allowed.

2. Learned counsel for the petitioner primarily contends that without complying with the mandatory requirement under section 65 B (2) of Evidence Act taking of electronic evidence on record is unlawful and for the said purpose reliance is placed on the decision of Apex Court in the case of Anvar P.V. v. ad P.K. Basheer and others, reported in (2014) 10 SCC 473.

3. After having heard learned counsel for the rival parties, it would be appropriate to reproduce the relevant extract of the judgment of Apex Court cited by learned counsel for the petitioner for ready reference and convenience :

“13. In the Statement of Objects and Reasons to the IT Act, it is stated thus :

“New communication systems and digital technology have made drastic changes in the way we live. A revolution is occurring in the way people transact business.”

In fact, there is a revolution in the way the evidence is produced before the Court. Properly guided, it makes the systems function faster and more effective. The guidance relevant to the issue before us is reflected in the statutory provisions extracted above.

14. Any documentary evidence by way of an electronic record under the Evidence Act, in view of section 59 and 65A, can be proved only in accordance with the procedure prescribed under section 65B. section 65B deals with the admissibility of the electronic record. The purpose of these provisions is to sanctify secondary evidence in electronic form, generated by a computer. It may be noted that the section starts with a non obstante clause. Thus, notwithstanding anything contained in the Evidence Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document only if the conditions mentioned under sub- section (2) are satisfied, without further proof or production of the original. The very admissibility of such a document, i.e., electronic record which is called as computer output, depends on the satisfaction of the four conditions under section 65B(2). Following are the specified conditions under section 65B(2) of the Evidence Act:

(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;

(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;

(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and

(iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.

15. Under section 65B(4) of the Evidence Act, if it is desired to give a statement in any proceedings pertaining to an electronic record, it is permissible provided the following conditions are satisfied:

(a) There must be a certificate which identifies the electronic record containing the statement;

(b) The certificate must describe the manner in which the electronic record was produced;

(c) T