Compact Disc can be accepted as evidence: SC

The Supreme Court of India held that a compact disc can be exhibited as piece of evidence and the parties will have to prove or disprove such evidence in judicial proceedings.

Treating a compact disc as a ‘document’ under the Indian Evidence Act, the Court said, “It is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 CrPC 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 CrPC. Similarly on a document filed by the defence, endorsement of admission or denial by the public prosecutor is sufficient and defence will have to prove the document if not admitted by the prosecution. In case it is admitted, it need not be formally proved, and can be read in evidence. In a complaint case such an endorsement can be made by the counsel for the complainant in respect of document filed by the defence.

Trial as well as the High Court didn’t allow accused to bring on record the compact disc to prove his innocence in a child molestation case.

“The courts below have erred in law in rejecting the application to play the compact disc in question to enable the public prosecutor to admit or deny, and to get it sent to the Forensic Science Laboratory, by the defence”, the Court said.

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