Daily Updates and News

CDs are documents, can be considered as evidence under law: SC

CDs are documents, can be considered as evidence under law: SC

The Supreme Court has ruled that a compact disc (CD) is a document under Section 3 of the Indian Evidence Act, 1872. The Court also held that a CD has to be exhibited/played by the trial court to enable the public prosecutor to admit or deny its genuineness under Section 294 of the Code of Criminal Procedure (CrPC).

The decision was rendered by a Division Bench of PC Pant and Dipak Misra JJ. in an appeal against the decision of the High Court of Punjab and Haryana.

The appellant accused is on trial for molestation of his niece and is currently lodged in jail. He had sought to rely on the recording of a conversation between his wife and son, and the father of the victim. The appellant had  moved an application Section 294 of CrPC to get the CD played in the court for preserving a copy of the text contained, and therein for further communication to the Forensic Laboratory for establishing its authenticity. The application had, however been rejected by the trial judge. The High Court had affirmed the order passed by a Special Judge.

The question before the Supreme Court was whether the Special judge was correct in denying the application to play the CD so that its genuineness could be considered and established. Relying on the various decisions of the Supreme Court, the Court interpreted Section 3 of the Indian Evidence Act to hold that a CD is a “document”.

“In R.M. Malkani vs. State of Maharashtra, this Court has observed that tape recorded conversation is admissible provided first the conversation is relevant to the matters in issue; secondly, there is identification of the voice; and, thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record.

In Ziyauddin Barhanuddin Bukhari vs. Brijmohan Ramdass Mehra and others, it was held by this Court that tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs…

In view of the definition of ‘document’ in Evidence Act, and the law laid down by this Court, as discussed above, we hold that the compact disc is also a document.”

The Court then proceeded to hold that since CD is a document under Section 3 of the Evidence Act, it is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 CrPC personally from the accused or complainant or the witness. It held that the endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 CrPC. The court also turned down the contention of the respondent that the petition has been filed to prolong the trial.

“In our opinion, the courts below have erred in law in rejecting the application to play the compact disc in question to enable the public prosecutor to admit or deny, and to get it sent to the Forensic Science Laboratory, by the defence. The appellant is in jail and there appears to be no intention on his part to unnecessarily linger the trial, particularly when the prosecution witnesses have been examined.

Therefore, without expressing any opinion as to the final merits of the case, this appeal is allowed, and the orders passed by the courts below are set aside.”
( Source – PTI )


Ban on commercial activities affecting livelihood: NGT told 

Ban on commercial activities affecting livelihood: NGT told

Heeding to the plea that the ban on commercial activities in the eco-sensitive Rohtang Pass area was affecting the livelihood of people, the National Green Tribunal has sought response from the Himachal Pradesh government on the issue.

A bench headed by Justice Swatanter Kumar issued notice to the Himachal Pradesh government, HP pollution control board and others on the plea of women from villages located near the Rohtang Pass area.

The women from villages — Panchang, Kothi, Solang Kulang and Ruar– said as a result of the ban on all activities at the 13,050 feet pass, they have been rendered completely jobless and were leading miserable life.

“It has become extremely difficult in such a state to sustain the family and kids. The applicants have neither been rehabilitated, nor have they been provided any interim compensation by the state government,” the plea said.

The petition further contends that the “applicants had been playing an important role in bringing up their families by earning the livelihood from small-time tourism related activities (non-polluting) like renting folk/local/traditional dress, snow dress, walking sticks to tourists, giving pets and yak to tourists on minimal rent for photography and by selling homemade tea and snacks”.

Advocate Bhakti Pasrija Sethi, who has filed the case on behalf of these women, alleged that the state authorities were evicting the locals from such activities without devising any concrete plan for their rehabilitation.

“I personally visited Rohtang pass area last month and met the women from the villages in the nearby area. Their livelihood has been seriously affected due to the ban orders,” Advocate Bhakti told PTI.

“The applicants may be permitted to continue with their non-polluting activities at Rohtang pass in consonance with the Relief and Rehabilitation Plan submitted by the Deputy Commissioner, Kullu to the state government,” the plea said.

On July 16, the green panel had asked the state to hold consultations with all stakeholders, whose livelihood would be affected by the ban on commercial activities and frame a rehabilitation plan to re-engage them in alternative employments and sustainable tourism.
 

The green court had earlier extended the stay on its order banning entry of all diesel and petrol tourist vehicles while limiting the number of vehicles entering the popular area to 1,000 per day.

It had directed each vehicle, permitted to Rohtang Pass, to pay environmental compensation at the rate of Rs 1000 for petrol vehicle and Rs 2500 for diesel vehicle.

The Tribunal had also said that each vehicle which carries more than six passengers would be liable to pay compensation of Rs 5,000 as environmental compensation and these charges are payable for single entry.

Rohtang Pass is a high mountain pass on the eastern Pir Panjal Range of the Himalayas around 51 km from Manali and connects Kullu Valley with the Lahaul and Spiti district of Himachal Pradesh.
( Source – PTI )

Thanks & Reagrds,
Meetesh Shiroya