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When electronic document dvd can not be used as previous sta

When electronic document DVD can not be used as previous statement as per S 145 and S 155(3) of Evidence Act?

 
Matters being so, the said documents marked as

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



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