65 b certificate presentation to court
Alok Chhabra
(Querist) 24 July 2017
This query is : Resolved
Dear Sir, Can I give 65 B certificate in MACT claim and re appeal case, If accused already acquitted in lower court in section 279/304 A, As CCTV operator recorded his statement that He has handed over to Police and I.O. also said in his statement that he has received CD from computer operator who was on duty at incident time, But 65 B certificate is not annexed in charge sheet only CD is annexed and had exhibited in lower court I have given an application to MACT court to see the cctv footage and application is on ARGUMENT stage, can Judge reject my application if 65 B is not in file or can summon to CCTV operator again because CD is not seen in trail court. The incident happened in July 2015.
Looking for your kindly help.
Regards
P. Venu
(Expert) 25 July 2017
The facts, as posted, lacks clarity. Anyhow, what is the opinion of your advocate?
Alok Chhabra
(Querist) 26 July 2017
I hv also a copy of CD which I received from operator at the time of accident, My wife was expired and CCTV cameras were installed there.My advocate is saying that the evidence of CCTV operator will be null and void if police has not taken 65 b certificate at that time for put up in charge sheet. Regards
Alok Chhabra
(Querist) 26 July 2017
The accused had been acqitted in jan 2017 and i hv re appealed in feb 2017, also last year may 2016 I filed MACP case, I hv given an application to see the application for seeing CCTV footage but my advocate says that it will be rejected by Judge because police has not putted 65 B certificate in charge sheet along with CD which has been exhibited in trial court, I m not under standing that how can Judge reject my application because it's not my mistake . I.O.should be submit 65 B if it is law. pls advise
M V Gupta
(Expert) 28 July 2017
Certificate required under Section 65B of Evidence Act is mandatory for admission of the CD produced by the Police. This certificate must have been given by the computer operator who gave the CD to the Police. Your Advocate is therefore right in his opinion that the court may reject your application to view the CD in the open court . As regards re-summoning the computer operator for furnishing the certificate at the appeal stage, the same is not allowed under law.
Alok Chhabra
(Querist) 28 July 2017
Thanks very much for your valuable advice, if that application rejects it any case, can I give 65 B certificate because I hv also CCTV footage of incident.
M V Gupta
(Expert) 29 July 2017
No. You cannot give as per Sec 65 B (4).
