Mohammed Nissam A.A. v. The State of Kerala - (High Court of Kerala) (08 Dec 2015)

Mazahar to not be treated as previous statement unless versions exist

MANU/KE/2436/2015

Law of Evidence

Video recordings made by investigating officer during preparation of scene mahazar cannot be used as a previous statement under Sections 145 and 155 of the Indian Evidence Act, 1872. In the instant case, prosecution had not relied on video DVDs prepared by the officer at the crime scene nor had the same certified to make them admissible as electronic evidence. During cross-examination of the officer, defence sought to adduce the DVDs, however, the request was denied by the trial court. The High Court reiterated that a mazahar could not be treated as a previous statement; “what was seen by the person, who prepared the mazahar, are recorded”. Only when the person recording made several versions, could mazahars be treated as previous statement.

Relevant : Ramaiah alias Rama v. State of Karnataka MANU/SC/0677/2014 Section 65B Indian Evidence Act, 1872 Section 145 Indian Evidence Act, 1872

Tags : MAZAHAR VIDEO PREVIOUS STATEMENT