Sir,
In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced. Now the case in cross examination stage.
1. Should I file a petition u/s 45A of Indian Evidence Act and request for expert opinion now?
2. Or just let it go for now and later in defense argument, argue that the CD was not examined by expert as per section 45A of Indian Evidence Act. And also argue that the CD should not be relied upon and aquit my client.
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INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
