SORAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has preferred the present petition under Section 482 Cr.P.C. for quashing of order dated 09.07.2021 (Annexure P-4) passed by the Addl. Sessions Judge, Bhiwani in FIR No.373 dated 20.12.2015 registered under Sections 302, 201, 364 and 120-B IPC at Police Station Civil Lines, Bhiwani.

(2.) Vide the aforesaid order, the application filed by the prosecution under Section 311 Cr.P.C. for placing on record certificate under Section 65-B(4) of the Evidence Act (hereinafter to be referred as 'the Act') issued by PW-14 ASI Kapoor Singh has been allowed.

(3.) It has been contended by the prosecution that PW-14 ASI Kapoor Singh was earlier examined on 21.03.2017 and the certificate in question could not be placed on record through his statement. The case relates to circumstantial evidence wherein CCTV footage of the Hospital is necessary piece of evidence for which the witness has already tendered CD and the same has been exhibited as Ex.P-27. The CD being not a primary evidence under Section 62 of the Act and it being a secondary evidence, needs authentication by way of certification under Section 65-B(4) of the Act and, therefore, the certificate is a material piece of evidence which needs to be brought on record.