23 November 2020
accuse is on bail 8 September was the date given by court to appear accuse he appeared with lawyer but magistrate was not present & he signed on file& after some time lawyer said that next date is 26 October & he went to home after 30 minute lawyer informed him that challan has produced in court on 8 September court was closed due to kovid after 20 days outside of his court on a paper written that 26 sep. date was extended to 2 February 2021 i want to know that lawyer got challan copy on 8 sep. but didn't get cctv footage(which is on pen drive submitted by I.O.) which is the part of charge sheet so can lawyer file application in court to get footage in any day or we have to wait till 2 February 2021.
26 November 2020
It is not always the case that copy of the electronic record may be made available to the accused. The Supreme Court has held in the recent case of P. Gopalkrishnan @ Dileep vs The State Of Kerala:
"44. In conclusion, we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial.
However, in cases involving issues such as of privacy of the complainant/witness or his/her identity, the Court may be justified in providing only inspection thereof to the accused and his/her lawyer or expert for presenting effective defence during the trial. The court may issue suitable directions to balance the interests of both sides."