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TMI Blog2023 (11) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Evidence Act, 1872] was rejected. 3. Genesis of the trial is that in a serial bomb blasts which took place in Bangalore on 25.07.2008, one woman lost her life whereas several persons were injured. Several FIRs were registered at Madivala [Criminal Case No. 483/2008], Koramangala [Criminal Case No. 297/2008], Byatarayanapura [Criminal Case No. 314/2008], Kengeri [Criminal Case No. 117/2008], Ashokanagar [Criminal Case No. 260/2008 and 261/2008], Sampangirama [Criminal Case No. 92/2008] and Adugodi [Criminal Case No. 217/2008] Police Stations for the offence punishable under Sections 120B, 121, 121A, 123, 153A, 302, 307, 326, 337, 435, 506 & 201 of the IPC [The Indian Penal Code, 1860] and Sections 3 to 6 of the Explosive Substances Act, 1908, Sections 3 and 4 of the Prevention of Destruction and Loss of Property Act, 1981, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967. During the course of investigation certain electronic devices such as one Laptop, one external Hard Disc, 3 Pen Drives, 5 floppies, 13 CDs, 6 SIM cards, 3 mobile phones, one memory card and 2 digital cameras etc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt dated 29.11.2010 of CFSL on 07.04.2017, an application was filed on 16.12.2017 seeking to produce the certificate under Section 65B of the Act dated 27.04.2017. The learned courts below should have appreciated the fact that by denying the prosecution opportunity to produce the certificate under Section 65-B of the Act, great injustice would be caused to the appellant. In support of the arguments that a certificate under Section 65-B of the Act can be furnished/produced at any stage of proceedings, reliance was placed on the judgments of this Court in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1. 5. In response, Mr. Balaji Srinivasan, learned counsel appearing for the respondents, submitted that there was no error in the orders passed by the courts below. The prosecution cannot be allowed to fill up the lacuna in the evidence by filing an application under Section 311 of the Cr.P.C. The certificate was sought to be produced after a delay of six years. Hence, the same was rightly not permitted to be produced on record. Great prejudice shall be caused to the respondents now if the same is permitted. The r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not the situation in this case. The speeches, songs and announcements were recorded using other instruments and by feeding them into a computer, CDs were made therefrom which were produced in court, without due certification. Those CDs cannot be admitted in evidence since the mandatory requirements of Section 65-B of the Evidence Act are not satisfied. It is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence of electronic record with reference to Sections 59, 65-A and 65-B of the Evidence Act, if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance with the conditions in Section 65-B of the Evidence Act." (Emphasis added) 9. The aforesaid issue was subsequently considered by this Court in Arjun Panditrao Khotkar's case (supra). It was opined that there is a difference between the original information contained in a computer itself and the copies made therefrom. The former is primary evidence and the latter is secondary one. The certificate under Section 65-B of the Act is unnecessary when the original document (i.e., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upply all documents upon which reliance may be placed to an accused before commencement of the trial. Thus, the exercise of power by the courts in criminal trials in permitting evidence to be filed at a later stage should not result in serious or irreversible prejudice to the accused. A balancing exercise in respect of the rights of parties has to be carried out by the court, in examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence Act. Depending on the facts of each case, and the court exercising discretion after seeing that the accused is not prejudiced by want of a fair trial, the court may in appropriate cases allow the prosecution to produce such certificate at a later point in time. If it is the accused who desires to produce the requisite certificate as part of his defence, this again will depend upon the justice of the case - discretion to be exercised by the court in accordance with law. 59. Subject to the caveat laid down in paras 52 and 56 above, the law laid down by these two High Courts has our concurrence. So long as the hearing in a trial is not yet over, the requisite certificate can be directed to be produced b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat no guilty should go scot-free and no innocent should be punished. A certificate under Section 65-B of the Act, which is sought to be produced by the prosecution is not an evidence which has been created now. It is meeting the requirement of law to prove a report on record. By permitting the prosecution to produce the certificate under Section 65B of the Act at this stage will not result in any irreversible prejudice to the accused. The accused will have full opportunity to rebut the evidence led by the prosecution. This is the purpose for which Section 311 of the Cr.P.C. is there. The object of the Code is to arrive at truth. However, the power under Section 311 of the Cr.P.C. can be exercised to subserve the cause of justice and public interest. In the case in hand, this exercise of power is required to uphold the truth, as no prejudice as such is going to be caused to the accused.
16. For the aforesaid reasons, the appeal is allowed. The orders passed by the courts below are set aside. Resultantly, application filed by the prosecution under Section 311 of the Cr.P.C. is allowed. The Trial Court shall proceed with the matter further. X X X X Extracts X X X X X X X X Extracts X X X X
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