‘Mobile clips,CD’s can be played during cross examination’

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Srinagar:  In a significant judgment, Jammu and Kashmir High Court Saturday allowed and permitted to play any video (mobile clips, CD’s) taken by general public in the court of law during the cross examination in addition to its production as evidence.

Justice Muhammad Yaqub Mir passed this judgment after hearing the arguments from the prosecution and defense lawyers in a case related to an alleged murder of a woman Saja Bano in old Srinagar city.

In connection with murder of one Saja Bano, case was registered vide FIR number 24/2013 under section 302, 148, 147,447, 120B RPC by police station Safakadal. Investigation of the case culminated in presenting charge sheet. In the Trial Court the Tariq Ahmed the son of the deceased woman had claimed that he was present on spot of occurrence, a claim that was refuted by public prosecutor on the grounds that Tariq Ahmed on the day of incident had informed print and electronic media that he was not present on spot. The public prosecutor had requested court to allow him to play those mobile clips, CD’s on the laptop.

Justice Muhammad Yaqub Mir permitted to confront the witness in the criminal trial in the cross examination to impeach his credit and to elucidate the truth by a video recorded earlier. He however added that before playing the video in the court, a statement carrying a certificate from the person who has recorded the video should be produced before the court under section 65B of Evidence Act.

Petitioner Advocate Urfa Aijaz told CNS that it is a significant judgment that has empowered a common man of the society. “Earlier only an investigating agency was permitted to verify the authenticity of any video, but now that power has shifted to common man. This judgment will not only help people to present truth but it will also prove beneficial in criminal justice,” she said. (CNS)

 

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