The police should provide a copy of compact disc (CD) to a person if he wants one for the purpose of cross-examination during the trial in a criminal case, Madras High Court said today.
Justice S Vaidhyanathan of Madurai Bench of the Madras High Court while admitting the petition of Ram alias Ramprasad, said "if the document was not given, it would amount to denial of opportunity to the accused in the trial."
The judge rejected the Government counsel's argument that Indian Evidence Act and Indian Penal Code (Sec 29) don't deal with electronic document, saying "it would amount to giving narrow interpretation to the provision of the Indian Evidence act."
Justice Vaidhyanathan said in terms of Sec 65(B) of the Indian Evidence Act 1872 and IPC 29(a) the petitioner was entitled for a copy of the CD.
The judge directed the local court in Tiruchirappalli to proceed with the matter after furnishing the copy of the CD to the petitioner.
Police had registered a case against the petitioner under IPC 323 (punishment for voluntarily causing hurt) for an offence committed in 2013.
But they refused to give the copy of the CD relating to the criminal case to enable the petitioner cross-examine, following which he filed a petition in the HC.
In a Criminal Original Petition case from October 17, 2000, CD and other electronic documents were included as material evidence in the Indian Evidence Act.
