Uttarakhand High Court
C482/594/2022 on 21 May, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
C482 No. 594 of 2022 Hon'ble Ravindra Maithani, J.
Mr. S.R.S. Gill, Advocate for the petitioner.
Mr. Lalit Miglani, A.G.A. with Mr. Sachin Panwar, Brief Holder for the State.
Mr. Siddharth Sah, Advocate for the respondent no.2.
In a criminal trial involving offences under Sections 302 and 307 IPC, which is Sessions Trial No. 87 of 2018, pending in the court of 1st Additional Sessions Judge, Udham Singh Nagar, some CCTV footages of 9 minutes are part of the evidence.
The petitioner is facing trial. He moved an application that since the Police had taken DVR, containing CCTV footages from 12:30 PM to 2:00 PM, the entire DVR may be permitted to be run in the Court, so that the accused in the trial may cross examine the witnesses. This application has been rejected on the ground that only nine minutes footages kept in a pen-drive have been adduced as an evidence and the DVR had already been returned by the police to its owner on 06.06.2018.
The record reveals that the entire DVR was sent for forensic examination. The FSL report speaks of two hard-disc of different duration. The length of file is given in the report.
Having considered, this Court is of the view that this matter requires deliberation.
The State as well as the respondent no.2 may file affidavits in response to the petition within a week.
List on 07.06.2022 just after fresh cases.
Meanwhile, State shall ensure that the DVR returned to its owner be taken back and kept into soft custody. The State shall also explain the following points:-
(i) Under whose direction the DVR was sent for forensic examination? Was it court?
(ii) What was the total duration of CCTV footages in the DVR in which there were two hard discs as per forensic report?
(iii) Who took nine minutes CCTV footage in the pen-
drive and under whose instruction it was done?
(iv) Whether the court directed for return of DVR to its owner? If not, under whose direction it was returned?
(v) Whether the DVR, which now the police has to take into custody pursuant to orders of this Court contains the CCTV footages of entire duration beyond ten minutes?
(Ravindra Maithani, J.) 21.05.2022 Jitendra