How to appreciate evidence of SDR, CDR and tower location in criminal case?

  In addition to the evidence of CCTV footage, the

prosecution sought to rely upon SDR, CDR and tower location of the

accused. Mahamuni (PW15) has stated in his evidence that as per his

letter issued to Superintendent of Police, Buldhana, he received four

papers which were marked as Exh. 125. He stated in his evidence

that from CDR and SDR, he came to know about the location of the

accused at the time of incident. He identified the contents of the said

letter which were marked as Exhs. 126 and 127. Learned trial Court refused to place reliance upon SDR, CDR and tower location of the accused as the said electronic evidence were not supported by certificate under Section 65B (4) of the Evidence Act. In our opinion,the learned trial Court has rightly refused to rely upon the electronic evidence placed on record by the prosecution in the form of CCTV footage, CDR, SDR and tower location of the accused for noncompliance of Section 65B (4) of the Evidence Act. {Para 126}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL CONFIRMATION CASE NO. 01 OF 2020

 State of Maharashtra, Vs  Sagar Vishwanath Borkar,

CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.

Read full Judgment here: Click here

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