State of Orissa v Narayan chandra nayak 2013(3) Crimes 286 Orissa1
Decided on ;1-8 20121
Information Technology Act 2000-S.4-Legal recording of electronic record-161 crpc statement of witness recorded by investigating officer by audio video means could be treated to be a statement reduced into writing fulfilling requirement of sections 162(1)crpc-witnesses turned hostile and were cross examined by public prosecutor-Application by public prosecutor for displaying audio video Cassettes containing statement of witnesses for contradicting witnesses-Application disallowed by trial court on ground that genuineness of audio video recording was in question-Whether order suffered illegality? NO
Persons who has videographed examination of witnesses by investigating officer have denied to have done such videographing .Therefore genuineness and authenticity of CD and Cassettes and information recorded therein are in doubt.Apparently investigating officer has not taken recourse to provisions of section 45A of evidence Act to get CD and Cassettes examined by any examiner of electronic evidence as referred to in S. 79A of information Technology Act.Therefore,mere display of CDS and Casettes will not satisfy the requirement ,'Duly proved'
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Decided on ;1-8 20121
Information Technology Act 2000-S.4-Legal recording of electronic record-161 crpc statement of witness recorded by investigating officer by audio video means could be treated to be a statement reduced into writing fulfilling requirement of sections 162(1)crpc-witnesses turned hostile and were cross examined by public prosecutor-Application by public prosecutor for displaying audio video Cassettes containing statement of witnesses for contradicting witnesses-Application disallowed by trial court on ground that genuineness of audio video recording was in question-Whether order suffered illegality? NO
Persons who has videographed examination of witnesses by investigating officer have denied to have done such videographing .Therefore genuineness and authenticity of CD and Cassettes and information recorded therein are in doubt.Apparently investigating officer has not taken recourse to provisions of section 45A of evidence Act to get CD and Cassettes examined by any examiner of electronic evidence as referred to in S. 79A of information Technology Act.Therefore,mere display of CDS and Casettes will not satisfy the requirement ,'Duly proved'
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