BUDDHADEB BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Reference may be made to the order dtd. 30/12/2021, which reads as follows:- "The report filed by the Superintendent, Presidency Correctional Home, West Bengal is before this Court.

(2.) In terms of the directions issued, a report has been filed before us today (21/1/2022) dtd. 6/1/2022 sent by the Superintendent, Presidency Correctional Home. The sum and substance of the report is that the digital video recorder, which was installed in the Correctional Home from which the CCTV footage was directed to be produced is stated to be not functional. The Superintendent of the Correctional Home states that they had requested an expert to examine it, who has stated that the data cannot be recovered and they are contemplating of sending it to the Central Forensic Laboratory, Hyderabad.

(3.) In our prima facie view, much importance and credence cannot be given to the registers as the registers were in the custody of the Superintendent of the Presidency Correctional Home and his officers. We are not here to say that there has been an insertion but we can always say that there is a good possibility of an insertion being made. Therefore, unless the other records are compared to examine as to whether the stand taken by the respondent is factually correct or not, a conclusion cannot be arrived at.