Shamsher Singh Verma v. State of Haryana - (Supreme Court) (24 Nov 2015)

Compact Disc is a ‘document’ under Section 294 CrPC

MANU/SC/1345/2015

Criminal

The Supreme Court ruled that a Compact Disc (CD) is a document under Section 294 of the Code of Criminal Procedure, 1973 and courts were not required to obtain admission or denial on the same from the accused or the complainant. Endorsement by the public prosecutor or counsel for defence would be sufficient for it to be read into evidence. In an application to the lower court, Appellant, accused of molestation of a minor, had sought to introduce a CD recording of the conversation between his family members and those of the victim. The application to hear the conversations and send the CD for forensic testing had been rejected. The Court noted that by not allowing the application of the defence to play the CD regarding a parallel property dispute, the courts below had erred in law.

Relevant : R.M. Malkani v. State of Maharashtra MANU/SC/0204/1972 Ziyauddin Barhanuddin Bukhari v. Brijmohan Ramdass Mehra and Ors. MANU/SC/0277/1975 Section 294 Code of Criminal Procedure, 1973 Act

Tags : PROOF RECORDING ADMISSIBILITY COMPACT DISC DOCUMENT