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is admission from the side of the accused when P.W. 16 in his cross
examination stated that “May be people keep Whatsapp, Gmail,
Chrome and other important apps in their smart phones. I know how
to access these apps. These apps can be accessed from anywhere
provided that there is internet connectivity”. So, even though the
accused denied the existence of Google but the cross examination of
P.W. 16 shows otherwise.
Now, as per Section 3 of the Indian Evidence Act under the
heading “Evidence” — “ Evidence” means and includes —
(1) all statements which the Court permits or requires to be
made before it by witnesses, in relation to matters of fact under
inquiry, such statements are called oral evidence;
(2) all documents including electronic records produced for the
inspection of the Court, such documents are called documentary
evidence.
and again as per the definitions of “Proved” “Proved” — A fact is said to be proved when, after considering
the matters before it, the Court either believes it to exist, or considers
its existence so probable that a prudent man ought, under the
circumstances of the particular case, to act upon the supposition that
it exists.
In this present case, the technical term “URL” stands for Uniform
Resource Locator means
which locates
a particular computer
resources. P.W. 1 showed the computer resources specified by the
URL mentioned by her and she herself opened the same and placed
before this court for inspection. In today’s virtual world almost
everything is defined by the URL which mentions a particular
computer resource or resources lying in a particular server. Hence the
very URL located electronic record in a live mode is also an evidence
and through other evidences its existence is believed by this court
and the fact of uploaded nude videos is hereby proved.
At the time of argument Ld. Lawyer for the accused submitted
that many CD and DVD are marked as exhibits but the contents of
those CD and DVD are unknown to all and thus the contents are not
at all proved and referred a citation (2013) 1 KLJ 256. No questions
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