VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are facing indictment for various offences including sec. 302 of the Indian Penal Code, 1860. While examining a witness during the course of the trial, it was deposed that the witness had recorded the occurrence on his mobile phone and copied it into a computer disc (CD) and handed it over to the investigating officer. When the investigating officer was examined, the marking of the CD as a document was objected to by the defence, contending that the certificate under sec. 65B of the Indian Evidence Act, 1872, (for short, 'IEA ') was not produced. In such circumstances, the CD was marked as a material object through PW9 instead of as a document.

(2.) Thereafter a petition was filed by the prosecutor as Crl.M.P. No.2515 of 2022 seeking permission to receive the certificate issued under sec. 65B of IEA as an additional document so as to enable the contents of the CD to be admissible in evidence. The defence again objected to the said petition stating that production of the certificate at a belated stage would cause prejudice to the accused and therefore the application ought to be dismissed.

(3.) The learned Sessions Judge by the impugned order allowed the application and directed the certificate produced under sec. 65B of IEA to be received on file and also accorded permission to the prosecution to display the contents of the CD in court, for proving its contents, apart from directing recalling of PW9 for further examination to prove the contents of the CD.