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also signed into it and many DVD/CD were seized. In K. Ramajayam
vs Inspector of Police 2016 Cr LJ 1542 (Mad) it was held that “Madras
High Court was called upon to decide whether articles like Memory
Card, Hard Disc, CD, Pen-Drive etc. Containing relevant data in
electronic form are documents within the meaning of Sec. 3 of the
Evidence Act”. Ld. Special PP relied upon the judgment Shamsher
Singh Verma Vs State of Haryana 2005(12) Scale 597: 2015 AIR SCW
6434 where it was held that “CD is a ‘document’ within meaning of
Sec. 3 of the Indian Evidence Act, 1872”. So, the CD or the DVD as
the case may be which were produced at the time of trial are within
the meaning of section 3 of the Indian Evidence Act. In another
judgment Shamsher Singh vs State of Haryana 2016 Cr LJ 364 (SC) it
was held that “In view of the definition of ‘document’ in sec. 3 of the
Evidence Act, the compact disc is also a document. It is not necessary
for the court to obtain admission or denial on a Cr PC personally from
the accused or complainant or the witness. The endorsement of
admission or denial made by the counsel for defence, on the
document filed by the prosecution or on the application/report with
which same is filed, is sufficient compliance of section 294 Cr PC.”.
In this case some certificates u/s 65 B of the Indian Evidence
Act were no collected during investigation stage. It was held in
Kundan Singh vs State (MANU/DE/3674/2015) that “The certification
is not obtained at the time of collection of evidence, yet, at the time
of trial, evidence aliunde can be given through the person who was in
charge of the server, in terms of Sec. 65B of the Act, as held by a
Division Bench of the Delhi High Court”. Thus even though some of
the certificates u/s 65 B of the Indian Evidence Act which were not
collected at the time of investigation are proper in the eyes of law.
In Anvar P.V. vs. P.K. Basheer and Others (2014) 10 SCC 473 it
was held that “Any documentary evidence by way of an electronic
record under the Evidence Act, in view of Sections 59 and 65A, can
be proved only in accordance with the procedure prescribed under
Section 65B”. In this present case proper certificates had been issued
by the witnesses who had either taken screen shots or taking
photographs and video and burnt in CD or DVD or even downloaded
the contents of the email and later on taking print outs. Thus all the
certificates u/s 65 B of the Indian Evidence which are produced in
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