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Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal on 8 December, 2017

18. The evidence of the Medical Officer and the postmortem report clearly show the severity of the injuries. Though the trial Court has also relied upon M.O.13-CCTV footage and took it as an evidence, we are of the view that the trail Court has committed an error in marking the CCTV footage as M.O.13. It is relevant to note that all electronic records fall within the definition of the documentary evidence by virtue of the amendment to the Information Technology Act 21 of 2000. Therefore, the trial Court ought to have exhibited M.O.13 as document instead of Material Objects. Be that as it may, the trial Court in fact played the CD and also relied upon it based on the judgment of this Court reported in 2016-1 L.W. (Crl) 145. It is relevant to note that the judgment relied upon by the trial 22/30 https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.103 of 2019 Court also considered by the Apex Court in Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and others reported in (2020) 7 SCC 1. Though the Apex court in the above judgment has held that so long as the hearing in the trial is not yet over, the requisite certificate can be directed to be produced by the learned trial Judge at any stage, so that information contained in electronic record form can then be admitted and relied upon in evidence, the learned trial Judge has not made any attempt to get the certificate to make the CCTV footage a legal evidence despite the best available evidence. However, CD marked as M.O.13. It is also to be noted that the trial Court has also failed to adhere the procedure in this regard. A copy of the document sought to be relied upon by the trial Court never part of the copies under Section 207 Cr.P.C. Therefore, CD marked as M.O.13 is not an admissible evidence in view of the bar contained in Section 65-B of the Indian Evidence Act. Further the copies also not furnished to the accused. Therefore, we kept aside M.O.13 and M.O.14 for consideration. However, we have analyzed only the other materials particularly eyewitnesses' evidence.
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