KAVITHA MAHESH Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) MR. Shashikantha. learned counsel for the respondent has objected to the marking of the four CDs produced and identified as MPEGAV-2, MPEGAV-5, MPEGAV-6 and MPEGAV-14, from out of the 14 CDs said to be comprising the video graph of the event, which has been video graphed by persons commissioned by the Election Commissioner of India, to video graph the happenings during the elections to the Karnataka Assembly from the stage of filing of nomination paper before a Returning Officer till the stage of declaration of results and in respect of No. 151 K.R. Puram Assembly Constituency in Karnataka State, pointing out that when the petitioner herself had described the entire event is comprised in 14 CDs. the entire sequence of events video graphed and as depicted in the 14 CDs should be taken to constitute one document and if the petitioner now wants to mark only 4 CDs from out of the 14 CDs which had been placed before this Court, it amounts to recording of evidence in truncated manner, in the sense that what is sought to be marked being only a part of the document, such marking of 4 CDs from amongst the 14 CDs which were all initially sought to be placed, are produced before the Court as per the prayer made in Misc. Cvl. 15192/2010 should not be permitted as there is no provision or system or practice of marking or even the Court permitting the marking of a part of the document.

(2.) IT is very vehemently urged that unless a document is placed or marked before the Court as one document and the Court is in a position to view the document in a comprehensive manner and even assuming a litigant wants to place reliance only on a part of the document for the purpose of his or her case, what can be marked being the entire document and not part of the document and therefore, it is submitted that either the petitioner produces and marks the entire 14 CDs as one document or nothing at all. The attempt to mark only 4 CDs should not be permitted by the Court.

(3.) THE word "document" described in the Indian Evidence Act, 1872 reads as under: "Document". "Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter." THE "evidence" is also described as under: