Admissibility of electronic documents in evidence

-Audio, video recorded  cassettes, CDs are admissible piece of evidence; 
however, the  authenticity of same is always subject to proof in case the party against  which it 
can be used disputed or denied the authenticity and  information contained in the said 
electronic documents-
-Copy of an electronic generated information can be used as  a preliminary evidence 
 nonetheless original copy at least of 
mobile-phone memory card  admittedly empty, and one can say that the preliminary evidence 
has been destroyed and party is not in a position to produce the same as such secondary evidence can 
be accepted in the matter.  -Tape record cassettes are  admissible piece of 
evidence, but while accepting the same, extra care is  to be taken to declare and satisfy that the 
voice of the person alleged, and there is no tampering with the recorded statement---Best person 
who can make a statement about the authenticity of the conversation in tape is the defendant himself 
and the basis of his statement that there was any  tampering, whether voice in the recorded 
cassette is his voice or not,  whether there was any editing in the conversation or not can be 
decided. -State ment generated by the auto mated  information system is 
admissible to prove an admission made by the parties---Admission information has, been defined as a statement oral or documentary which suggested any inference as 
to, fact in issue or relevant facts which is made by any  person and , statement generated  by automated information system can also be used as an 
admission by  any person---Opinion of a forensic witness, relating to authenticity or integrity of electronic  document made by or through any 
information system is also  admissible---Printout or other form of reproduction of another electronic 
document is admissible in evidence as preliminary evidence Reproduction of an electronic document cannot be termed as coy 
or secondary evidence.

P  L  D 2 0 0 7  Ka r a c h i  4 4 8
Be fo re  Khi l ji  Ari f  Hus sa i n,  J  
ARIF HASHWANI and 3 others---Plaintiffs 
V e r s u s
SADRUDDIN HASHWANI and 3 others---Defendants
Suit No.1001 of 2004 and C.M.As. Nos.600, 601, 1177, 1360 and 1361  of 2007, decided on 27th 
April, 2007.

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