Evidence Act, 1872, Section 65B -- Electronic record - Non production of certificate - Curable defect - Such defect stands cured at the time of marking of the document when defendant never objected to exhibiting/marking of the same during course of trial...........
Evidence Act, 1872, Section 65B -- Call details records (CDRs) - CDRs tendered by I.O sans any certificate obtained from service provider - No witness from service provider examined to prove same - There is thus, complete no, compliance of S.65-B of the Act - CDRs thus, not proved as per law and thus have to be ignored...........
Evidence Act, 1872, Section 65B -- Electronic record - CD and Pen Drive - Recorded conversation - If information contained in alleged recorded conversation is pertaining to a relevant fact then recording itself is relevant and can be admissible in evidence - However, even for proof of an admissible evidence, mode prescribed for proving the same has to be adhered to by the..........
Evidence Act, 1872, Section 65B -- Electronic record - S.65-B of the Act insists for certificate qua authenticity of electronic evidence, without making any distinction of `Primary' or `Secondary' evidence, unlike other documentary evidence...........
Evidence Act, 1872, Section 65B -- Electronic record - Instrument of recording of information - Authenticity - Besides relevance of contents of information, authenticity of recording device, its proper functioning and information being correct output of recording are equally important corner stones for permitting any electronic evidence led in evidence before Court...........
Evidence Act, 1872, Section 65B -- Electronic record - Authenticity - Unless the authenticity of electronic record is pleaded and established by party seeking to lead in evidence the electronic record, same cannot be permitted by Court...........
Evidence Act, 1872, Section 65B -- Recorded conversation - Voice sample - CD and Pen Drive - Pleadings and arguments of petitioner are singularly silent qua authenticity of information as contained in pen drive and CD in question - Since information contained in Pen Drive and CD itself found to be non-authentic by trial Court, therefore, there is no question of trial Court..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Evidence Act, 1872, Section 138, 65B -- Cross-examination - Deferred - Case fixed for recording evidence of PW - Cross-examination of material witness deferred on request of defence counsel on the ground that application for summoning of call details of said witness has been filed - Impugned order set aside, as petitioner denied opportunity of cross-examination - Direction..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - CD - Requirement of certificate u/s 65-B(4) of the Act - CD has to be accompanied by a certificate in terms of S.65-B of the Act, obtained at the time of taking document, without which secondary evidence pertaining to electronic record is inadmissible...........
