your case is fully covered by judgment of HC in ankur chawla case
2) in your case case regsitered on 8th June but CD prepared on 29th august 2016
Admissibility of electronic evidence
Dear Sirs,
CBI registered a case on dated 08.06.16 on basis of electronic evidence but the electronic evidence was collected by CBI with certification of 65B on dated 29.08.16. kindly suggest how we challenge this in during framing of charges.
I found a judgement of Delhi High Court in Ankur Chawla VS CBI Crl. M.C. No. 2455/2012 para 17. The court not admitted the CD because case was registered on 23.11.2009 and but CD was prepared on 18.12.2009.
Para 17 state that("It was also not shown during the course of the hearing that when the CDs were prepared but since this case was registered on 23rd November, 2009 therefore these CDs must have been prepared soon thereafter and the certificate under Section 65B of the Indian Evidence Act,1872 has to be of the date when the CDs were prepared but the photocopy of the aforesaid certificate shows that it was prepared on 18th December, 2009 and is thus of no avail.")
Kindly give the list of more reference case so we can defend in court.Asked 7 years ago in Criminal Law
Religion: Hindu
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4 Answers
strong reliance must be placed on the three judge bench decision of the Supreme Court in Anvar P.V. v P.K. Basheer, (2014 10 SCC 473) by which the Supreme Court held in unequivocal terms that an electronic record by way of secondary evidence shall not be admissible as evidence unless the requirements of Section 65-B are satisfied.
Reliance can also be placed on the judgment of the Delhi high Court but the same will not have binding effect in Rajasthan. Though it may be noted that in the judgment of the Delhi High court, the law laid down by the SC in Anvar case was followed.
Regards
It is a settled proposition of law that an electronic record by way of secondary evidence shall not be admissible as evidence unless the requirements of Section 65-B are satisfied. You'll find a few supreme court judgements on this point.
You can place reliance on the said judgements.
CBI registered a case on dated 08.06.16 on basis of electronic evidence but the electronic evidence was collected by CBI with certification of 65B on dated 29.08.16. kindly suggest how we challenge this in during framing of charges.
You can file a discharge petition before the trial court on the basis of the said inconsistency observed.
If this is not possible then yo may aproach high court seeking to quash the charge sheet on the basis of the illegality fond in the charge sheet and also obtain a stay order to the further proceedings till the disposal of this crl. original petition.
