Luthra contended that the CDRs are not admissible
under Section 65B of the Indian Evidence Act, 1872 as
admittedly they were not certified in accordance ... with the provisions
contained in Section 65B of the Indian Evidence Act.
Interpreting Section 65B (4), this Court in Anvar’s case held
that
copy of FIR vide Ex.PW1/A,
certificate under Section 65B Evidence Act in this regard vide Ex. PW
1/B and endorsement vide ... section 2(A)(a) of Bankers' Books of Evidence Act, Ex.PW7/B and
certificate, Ex.PW7/C under section 65B
Luthra contended that the CDRs are not admissible
under Section 65B of the Indian Evidence Act, 1872 as
admittedly they were not certified in accordance ... with the provisions
contained in Section 65B of the Indian Evidence Act.
Interpreting Section 65B (4), this Court in Anvar’s case held
that
State vs Mohd. Sahid & Ors. on 9 August, 2017
IN THE COURT OF DR
colly). This witness has
proved his certificate under section 65B Indian Evidence Act vide Ex.PW7/D.
SC No.47/2014
State ... chart Ex.PW15/E, he also gave certificate
under section 65B of Evidence Act, Ex.PW15/F, PW15 has also proved
manner. She proved the certificate u/s 65B of the
Indian Evidence Act qua the prints out taken from the
laptop and the mobile phone ... have sent to the accused.
She produced the certificate u/s 65B of the
Evidence Act Ex.CW/A but she stated that
endorsement vide Ex.PW7/B and certificate under Section 65B Evidence
Act in this regard vide
Those CDs cannot be
admitted in evidence since the mandatory
requirements of Section 65B of the Evidence Act are
not satisfied."
26. In view ... messages cannot be read in evidence since the
mandatory requirements of Section 65B of the Evidence Act are not
satisfied. Even otherwise, if we look
basis of aforesaid statement Ex.PW1/A, FIR No.233/2016 u/s
376(2)(f) & 376(2)(n) / 506 IPC was registered ... copy of FIR vide Ex.PW1/A,
certificate under Section 65B Evidence Act in this regard vide Ex. PW
1/B and endorsement vide
recorded
u/s 294 Cr.PC accused admitted factums of registration of FIR as Ex.A1,
certificate u/s 65B Evidence Act regarding registration ... piece of electronic
evidence and electronic evidence can only be proved by way of certificate
u/s 65B of the Evidence Act which
