LI Network
Published on: December 24, 2023 at 13:53 IST
The Madhya Pradesh High Court emphasized the imperative nature of the certificate under Section 65B of the Indian Evidence Act, 1872, for the validation of electronic records.
The Court, seated in Indore, delivered this observation while adjudicating a series of criminal appeals lodged by accused individuals under Section 374(2) of the Criminal Procedure Code (CrPC).
The appellants sought relief against their convictions under various sections of the Indian Penal Code (IPC), including Sections 364, 307, 201, and 34.
Justice Prakash Chandra Gupta, presiding over a Single Bench, elucidated, “From the foregoing analysis, it is apparent that a certificate under Section 65B is mandatory to prove electronic records, and such a certificate shall be issued by an authorized person, as prescribed under Section 65B(4).”
The case stemmed from the abduction of the complainant’s son, and the subsequent legal proceedings resulted in the conviction of the accused individuals by the Trial Court.
The High Court scrutinized the evidence presented, noting discrepancies in the preparation and admissibility of certificates under Section 65B.
The Court specifically highlighted the necessity for such certificates to be issued by a responsible official in connection to the relevant device or management activities.
The ruling also acknowledged the reliability of witness identification and dismissed concerns about delays in recording case diary statements.
The High Court concluded that the accused individuals had fulfilled the essential elements of the offenses, including forming a common intention and orchestrating the abduction with the intent to harm.
In light of these findings, the High Court dismissed the appeals, upholding the convictions of the appellants.
Case title: Akash v. State of Madhya Pradesh
