Bombay High Court
Sabera Begum And Ors. vs G.M. Ansari on 15 December, 1978
19. The 1st petitioner has also relied upon a photograph Exhibit 36 which is the photograph of the 1st petitioner and the 1st opponent, taken some years ago. Now this photograph has been admitted in evidence through the 1st petitioner. However, before a photograph could be admitted in evidence it is necessary that the person who took the photograph should be examined and such a person should produce the negative and no positive print or enlargement could be admitted in evidence without the negative being produced in the first instance.
20. The Bombay High Court in the case of Laxman Ganpati Khot v. Anusuyabai, had occasion to consider the same issue and their Lordships were pleased to observe :---
"It is only when the person who takes a photograph and develops it into a negative, himself comes into the box and deposes to both these facts, that a negative becomes admissible in evidence. As far as the enlarged print is concerned, the position is still worse, for no print or enlargement can be admitted in evidence without its negative being produced and proved in the manner already indicated above."
Therefore, this photograph is inadmissible in evidence for the photographer or the person who took this photograph has not been examined nor has the negative thereof been produced in evidence.