When electronic document DVD can not be used as previous statement as per S 145 and S 155(3) of Evidence Act?
D30 and D31 in evidence, even if those documents are
admissible under Section 65B(4) of the Indian Evidence Act
as an electronic record, the same cannot be made use of as
a previous statement within the meaning of Section 145 as
well as Section 155(3) of the Indian Evidence Act.
Admittedly, those DVDs contain the matters recorded by the
investigating officer or some other matters available at the
scene of occurrence during the preparation of the scene
mahazar. A mahazar cannot be treated as a previous
statement at all. What was seen by the person, who
prepared the mahazar, are recorded in the mahazar. It is
only a document.
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY,THE 8TH DAY OF DECEMBER 2015
Crl.MC.No. 7647 of 2015 ()
MOHAMMED NISSAM A.A.,
Vs
THE STATEOF KERALA
Coram
B. KEMAL PASHA, J.
https://www.lawweb.in/2016/01/when-electronic-document-dvd-can-not-be.html
