Leading judgment on admissibility of intercepted phone calls

[bpagrawal]

Leading judgment on admissibility of intercepted phone calls

CALL RECORDS- PROOF AND AUTHENTICITY
It is contended by Mr. Shanti Bhushan, appearing for the accused Shaukat that the call records relating to the cellular phone No. 919811573506 said to have been used by Shaukat have not been proved as per the requirements of law and their genuineness is in doubt. The call records relating to the other mobile numbers related to Gilani and Afzal are also subjected to the same criticism. It is the contention of the learned counsel that in the absence of a certificate issued under sub-Section (2) of Section 65B of the Evidence Act with the particulars enumerated in clauses (a) to (e), the information contained in the electronic record cannot be adduced in evidence and in any case in the absence of examination of a competent witness acquainted with the functioning of the computers during the relevant time and the manner in which the printouts were taken, even secondary evidence under Section 63 is not admissible.
Two witnesses were examined to prove the printouts of the computerized record furnished by the cellular service providers namely A
//http://www.lawweb.in/2013/03/leading-judgment-on-admissibility-of.html