2023 PCrLJ 1394
Audio/Video clip including snaps/photographs---Admissibility as evidence---Video evidence, tapes, snaps/photographs made available due to forensic techniques were regarded as documentary evidence though in electronic or digital form, therefore, principle of evidence relating to admissibility of documents were fully applicable to such forensic evidence---Audio/Video clip including snaps/photographs (in digital form) as evidence maintained a dual character in the law of evidence; it is termed as electronic document as well as a material thing (physical evidence), also known as real evidence---Electronic document in the sense that "information" contained therein are the evidence of facts and oral account of which is to be presented through the words of a witness and not the document alone, while as material thing it is to be produced for the inspection of court---Audio/Video clip including snaps/photographs (in digital form) is treated as digital evidence and it carries information that includes expression, gestures, voice and Video , therefore, such clips/snaps are sought to be produced before the court to prove the 'information' contained in it as evidence of facts recorded therein---For placing the information on the record such facts need to be spoken through the mouth of a witness who has recorded or watched it---In such situation, it can only be produced or exhibited in the statement of such witness---In the present case, bringing on record such clip through the statement of complainant and the victim in the case to depose about the information contained therein fact by fact while playing the Video clip in the court particularly when such Video clip/snaps were certified as non-tempered and non-edited, generated by the experts of Forensic Science Agency through a cell phone recovered from the accused as per Forensic Science Agency Report, such report is per se admissible pursuant to S. 9 of Forensic Science Agency Act, 2007---Evidence in the form of audio/Video clip/snap as material thing/real evidence will only be exhibited and produced for the inspection of court in the statement of an Investigating Officer who has collected it during the course of investigation albeit through secondary evidence as well---Before using such evidence in any form i.e., as document or as material thing/real evidence, copy of it must be supplied to accused to avoid using it as surprise evidence which is against the principles of fair trial and due process---Every statement of a witness contained information and such information is regarded as evidence, therefore, every information contained in audio/Video clip, tapes, photographs, films etc. are also statements in documentary form which are required to be given to the accused under S. 265-C, Cr.P.C.---As the forensic evidence in this case was collected during investigation process, therefore, same fell in the categories of statements mentioned in S. 162, Cr.P.C. and copies of the same could safely be provided at any stage of the proceedings if the statement/ evidence was essential for just decision of the case---In such situations, the case was remanded to the Trial Court for the purpose of bringing on record the cited forensic evidence (Video /snaps) in accordance with law, therefore, it was directed that the trial Court would call an expert before the Court who would prepare required copies of such Video evidence/snaps etc. which would be handed over to the accused persons with surety that it might not be misused and time might also be given to them for preparation of their defence.
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