DEEPANKAR BHATTACHARYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The inherent powers of this court under section 482 Cr.P.C., 1973 are invoked to assail the interlocutory order dated 27/10/17 passed in S.T.No. 111/16 by Xth Additional Sessions Judge, Gwalior by which application under section 91 Cr.P.C., 1973 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:-