NEW DELHI: A court has slapped the prosecution with Rs 5,000 costs while hearing a case related to the 2020 northeast Delhi riots for not submitting photographs with the requisite certificate under Section 65B of the Indian Evidence Act. Section 65(B) of the Indian Evidence Act says that electronic records need to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
Without the requisite certificate, electronic records such as photographs are inadmissible as evidence. The court was cross-examining the complainant and prosecution witness Sanjay Kumar Goyal in a rioting case registered against accused Noor Mohammad. “His examination is deferred because, despite directions given way back, the prosecution did not obtain a certificate under Section 65B of the Indian Evidence Act in respect of photographs handed over by the complainant,” said the bench in a recent order.
The judge directed the complainant to provide details of the mobile phone using which the photographs of his shop were taken by him. “He shall also mention the manner and details of the devices used for taking printouts of such photographs,” the judge said. Adjourning the case, the court said that it is well apparent that this adjournment is being caused due to inaction on the part of the prosecution despite repeated directions given by this court.
The court imposed Rs 5,000 costs on the prosecution, to be paid in equal part to the accused as well as the witness. The court also referred the matter to the Commissioner of Police to conduct an enquiry and fix accountability for the lapse, besides recovering the amount from the responsible person.