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The Karnataka High Court has reaffirmed that the trial of a case will not be invalidated solely due to the non-filing of a certificate under Section 65-B of the Indian Evidence Act when presenting electronic evidence. The decision was delivered by a single-judge bench led by Justice M. Nagaprasanna.
The case involved Santhosh Shet, a teacher accused under the Protection of Children from Sexual Offences Act (POCSO) for allegedly raping a minor girl and recording the act on his mobile phone. The prosecution sought to introduce a CD containing the recorded video as evidence. However, Shet objected, arguing that the CD was not accompanied by a Section 65-B certificate, which is necessary to authenticate electronic evidence.
Initially, the chargesheet filed by the police did not include the CD or the required certificate. After charges were framed, the prosecution filed a supplementary chargesheet to include the CD along with the Section 65-B certificate. The defense contested this move, arguing that once charges are framed and evidence has commenced, a supplementary chargesheet should not be permitted.
The High Court reviewed the arguments and referred to precedents set by the Supreme Court, affirming that the absence of the Section 65-B certificate at the initial filing stage is a curable defect and does not vitiate the proceedings. The Court cited Section 311 of the Criminal Procedure Code (CrPC), which allows for the marking of documents and further examination at any stage during the trial.
Addressing the defense’s claim about the prohibition on supplementary chargesheets, the Court clarified that the addition of a CD and certificate did not constitute a supplementary chargesheet but rather an amendment to ensure proper evidence presentation. The Court emphasized that such procedural corrections are permissible to uphold justice and maintain the integrity of the trial process.
The ruling underscores the Court’s position that procedural defects, such as the absence of a Section 65-B certificate, can be remedied without compromising the fairness of the trial.