YOGENDRA SANGLE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by order dated 24.7.19 passed by the Third Additional Sessions Judge, Dabra, rejecting an application under Section 65 of the Evidence Act on the ground that petitioner had not produced the source from which photographs as were brought by him on record were obtained.

(2.) Petitioner's contention is that he only wants to put the other party to cross-examination as to whether such photographs showing presence of the prosecutrix were actually taken in her presence or not. He has placed reliance on the judgment of the Supreme Court in case of Shafi Mohammad vs. State of Himachal Pradesh as reported in (2018) 2 SCC 801 wherein the gist is that advantages gained by new techniques and new devices cannot be denied to be used and in this regard paragraph 21, 29 and 30 are relevant which are reproduced as under:-

(3.) It is also submitted that if this opportunity is not extended to the petitioner, then he will have to recall the witness in case this revision is allowed in future date by the Court and that will add to the cost and duration of the litigation. Learned counsel for the petitioner on his own submits that he be allowed to put these questions subject to the final decision by the trial Court as to the validity of production of such photographs.