How to appreciate electronic evidence of CD in case of gang Rape?
As per the evidence of P.W. 19 Scientific Officer, who issued Ex. P-31 opinion, there is no morphing. Hence, the contention of the learned counsel for the accused that there is morphing in the C.D., in the light of evidence of P.W. 19 and in the absence of any motive on the part of P.W. 1 to implicate them, is liable to be rejected.
40. Further the contention of the learned counsel for the accused A-1 to A-10 is that the evidence of C.D. and the evidence of P.W. 19 are inadmissible in evidence under the provisions of Section 65-B of the Indian Evidence Act. He further contended that as there is no voice evidence on record to prove M.O. 7 is used by A-1 calling the other accused and further there is no material on record to show that M.O. 7 cell phone belongs to A-1, they cannot be convicted. In the present case, as noted above, the crime C.Ds. were sent to FSL and after scientific examination by P.W. 19 with the assistance of other officers, opined that there is no morphing and issued Ex. P-31 and this circumstance corroborates the oral testimony of P.W. 1. The seizure of M.O. 7 from A-1 was made as per his confession in the presence of panch witness P.W. 13, who supported the case of the prosecution. Apart from confession, the other circumstances, particularly the evidence of P.W. 19, who issued Ex. P-31 report based on scientific examination and the consistence evidence of P.W. 1, which is inspiring confidence and in the absence of any motive for P.W. 1 to implicate the accused, the contention of the learned counsel for these accused, merits for rejection.
Equivalent Citation: 2015 (3) ALT (Crl.) 91 (A.P.),2015(4)crimes343 AP
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Crl. A. Nos. 576, 586 and 588 of 2010
Decided On: 08.04.2015
Appellants: Peddi Phani Kumar and Ors.
Vs.
Respondent: State of A.P.
Vs.
Respondent: State of A.P.
Hon'ble Judges/Coram:G. Chandraiah and M.S.K. Jaiswal, JJ.
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