Ram @ Ramprasad v. State
2014 (1) MWN (Cr.) 387
In the Madras High Court
Crl OP(MD) 18495/2013, MP(MD) 1/2013
Before Justice S. Vaidyanathan
Decided on January 07, 2014

Relevancy of the case: Whether a copy of CD should be provided to the accused?

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 43, 65, 66)
• The Indian Penal Code, 1860 (Section 420)

Relevant Facts of the Case

• This petition has been filed under Section 482 Cr.P.C., praying to set aside the order passed in Crl.M.P.No.6052/2013 in P.R.C.No.17 of 2013 on the file of the learned Judicial Magistrate No.2, Trichirapalli, dated 04.10.2013. Mr Ram, the petitioner, is the 5th accused in Crime No.1863 of 2013 for an offence under Section 323 IPC.
• At the time of trial, the material documents have been marked. One of the material documents is a compact disc (CD). The petitioner filed a petition asking the committal Court to furnish a copy of the CD.

Prominent Arguments by the Advocates

• The counsel for the petitioner, Mr S. Veera Kathiravan, contended that in view of Section 65(B) of the Indian Evidence Act, 1872, the compact disc is also a material document, and the electronic document has to be furnished to cross-examine the witnesses.
• The counsel for the respondent, Mr P. Kandasamy, contended that Section 3 of the Indian Evidence Act, 1872 and Section 29 of the Indian Penal Code, 1860 do not deal with an electronic document.

Opinion of the Bench

• In terms of Section 65(B) of the Indian Evidence Act, 1872, and Section 29(A) of the Indian Penal Code, 1860, the petitioner is entitled to a copy of the compact disc.
• The committal court, namely the learned Judicial Magistrate No.2, Trichy, is directed to proceed with the matter after furnishing a copy of the Compact Disc (CD) to the petitioner. If such a document is not given, it will amount to a denial of opportunity to the accused in the trial.

Final Decision

• The order of the learned Judicial Magistrate No.2, Trichy, in Crl.M.P.No.6052 of 2013 in PRC No.17 of 2013 dated 04.10.2013, is set aside and the original criminal petition is allowed with a direction, to furnish a copy of the compact disc to the petitioner to enable him to cross-examine the witnesses. Consequently, the connected miscellaneous petition is closed.

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