Cc No.183/2019 State vs . Tara Dutt Etc. on 27 September, 2021
68. It is further argued by Ld. Defence counsel that the CD Ex.PW11/B and DVD
Ex.PW19/B are not admissible in evidence as their authenticity was not got
verified by way of examining the same from any expert as provided under
section 45A of Indian Evidence Act and thus, without the examination and
expert opinion, the CD/DVDs Ex.PW11/B and Ex.PW19/B are not admissible
in evidence. It is further argued that neither specimen i.e. admitted photograph
of the accused was taken by the prosecution nor any such footage was got
examined by any expert for verifying the contents/footage of Ex.PW11/B and
Ex.PW19/B and in this regard reliance has been placed upon Subhash Chand
& Ors. Vs CBI, MANU/DE/0060/2005 as well as on State Vs Ravi A.
Munna, 2000(1) JCC (Delhi) 115. In both these cases, the digital evidence
was in the form of tape recorded conversation which is certainly different from
CCTV footage and thus, the observation made in those cases is not applicable
to the facts of the present case as the above cases are distinguishable on facts
from the present case.