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KURIAN JOSEPH, A.M.SAPRE
Sanjaysinh Ramrao Chavan – Appellant
Versus
Dattatray Gulabrao Phalke – Respondent
The admissibility of electronic evidence, including content from WhatsApp or similar messaging platforms, hinges on two key factors: the source of the evidence and its authenticity. For electronic evidence to be considered admissible, the source must be deemed reliable and admissible as evidence in the court of law. If the source is rejected or found inadmissible, then the question of the authenticity of the translated or derived content does not arise, as the foundational basis for its credibility is lacking.
Furthermore, the court emphasizes that the source and authenticity are crucial for electronic evidence. If the source of the electronic communication is not credible or is rejected, then the authenticity of its translation or interpretation is also rendered questionable. This underscores that without a reliable source, electronic evidence cannot be deemed trustworthy or admissible, regardless of the content’s translation or interpretation.
In summary, for electronic evidence such as WhatsApp content to be admissible, the court requires a credible source and verified authenticity. If either is lacking, the evidence cannot be reliably used in legal proceedings.
JUDGMENT
KURIAN, J.:
Leave granted.
2. Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund Garden Police Station in the State of Maharashtra. The case is registered by the Anti-Corruption Bureau under Sections 7, 12, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’).
3. Genesis is Annexure-P7-complaint dated 22.11.2010 given by the first respondent. According to him, he had to pay an amount of Rs.75,000/-by way of bribe for getting a certificate for nonagricultural use of his land. To quote from the complaint:
“On 5th October 2009 an advertisement of “Bharat Petroleum Corporation Ltd. Pune” appeared in dailyLokmat and Loksatta newspapers. The advertisement was for giving dealership of Petrol Pump. I had duly applied to the company Bharat Petroleum Corporation Ltd. for the same. As per the procedure my interview was arranged on 30th March 2010. I was selected for this work. As per the terms and conditions of Bharat Petroleum Corporation Ltd. Pune it was binding on me to submit a “non agricultural certificate” of my land at Pimpalsuti, Tal Shirur, District Pune. To get the said certificate I applied to the Mav
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