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From now on, mobile phone recording and CDs shall be acceptable as proof in the court of law in terms of the section 65-B of the evidence action, division bench of the high court here observed.
As per the documents available with KNS, Justice Muhammad Yaqoob Mir said trail court is directed to take on record the memory cards and CD, being a document in terms of section 65-B of the Evidence Act.
However, according to the court documents, court has also stated that same will remain subject to objections and will also remain subject to proof to be produced by the defence when asked to enter upon defence in terms of Section 274 CrPc.
“The trail court shall record allow playing of Laptop so as to put the same to PW (2) and then it is for the PW (2) to reply. The trail court shall record the question and answer and finally keep the same subject to objections to be decided at the last stage of the trial because if such course is not adopted, there will be miscarriage of justice and abuse of process of the court and, in particular, shall be in deviation to what has been directed to be followed by Hon’ble Apex court,” court directed.
Court decision also reads that trial court when confronted with said positions was required to take the memory cards and CD and also to mark as exhibit tentatively so as to avoid hampering of progress of the trail.
The petitioner of this case was 28 year old Advocate Syed Urfa Aijaz.