Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

The Allahabad High Court has observed that the trial court has the power to allow the prosecution to produce the certificates under Section 65-B (4) of the Indian Evidence Act at a later point of time during the trial.The Bench of Justice Dinesh Kumar Singh observed thus as it upheld the order of the trial court allowing an application filed by the prosecution under section 311 CrPC to bring on record two certificates under section 65-B of the Indian Evidence Act, 1872 as they were not filed in property form during the filming of the charge sheet.It may be noted that Section 65B(4) of the Indian Evidence Act requires the production of a certificate for leading secondary evidence of an electronic record. This provision aims to sanctify secondary evidence in electronic form, generated by a computer.The case in briefOne Shyam Sunder Prasad (Accused/Revisionist) was serving as the Branch Manager of Punjab National Bank. Allegedly, he demanded a bribe of Rs. 80,000/- from the complainant for defreezing the account. A complaint was made by the complainant in this regard.Now, during the verification of the complaint, on 25-04-2014, when the complainant met and requested the accused revisionist for reducing the bribe amount, he agreed to accept the bribe of Rs. 50,000/- by cheque. This conversation was recorded and transferred into a blank Compact Disc.A trap was laid and the accused revisionist was caught red-handed with a tainted bribe cheque. The conversation between the accused revisionist and the complainant was recorded during the transaction of the bribe cheque and the same was transferred into a blank Compact Disc. The C.B.I. after investigation of the offence, filed a charge sheet for the offences punishable under sections 7 & 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 against the accused revisionist in 2014. However, CBI did not file the certificate under section 65-B (4) in a proper format.Now, in 2021 an application under Section 311 CrPC was filed to bring on record two certificates (in connection with Compact Discs containing the conversation b/w the complainant and the accused) under section 65-B of the Indian Evidence Act, 1872 as well as to recall the witnesses to prove those certificates.The Court allowed the application, and therefore, aggrieved by the order, the accused/revisionist moved the HC with the instant revision plea challenging the order of the Special Judge, C.B.I. Court No. 6, Lucknow.It was the contention of the accused that no reason was given for filing certificates belatedly inasmuch as the charge sheet was filed in the year 2014 itself, but, the certificates are of the years 2021. It was primarily argued that when the certificates are being issued by the C.B.I. Officers themselves, at this belated stage, accepting the certificates and allowing the application to recall the witnesses would be highly prejudicial to the trial of the accused.Court's observations At the outset, the Court relied upon the ruling of Arjun Pandit Rao Khotkar Vs. Kailash Kushanrao Gorantyal and others (2020) 7 SCC 1, wherein it was held by the Apex Court that Section 65-B (4) of the Act does not mention the stage of furnishing the certificate.In view of this, the High Court observed thus:"...for admissibility of an electronic record/document, section 65-B(4) is mandatory for recording it in evidence. When the electronic record is produced in evidence without proper certificate, trial court must summon the person/persons referred in Section 65-B (4) of the Indian Evidence Act, and require that such certificate be given by such person/persons...in appropriate cases, the trial court depending on the facts and circumstances of the case may exercise its discretion under section 91 or section 311 Cr.P.C. or Section 165 of the Indian Evidence Act as the case may be and can allow the prosecution to produce the certificates under section 65-B of the Indian Evidence Act at later point of time and same would also be the case in respect of an accused who desires to produce the requisite certificates as part of his defence."Now, in view of the facts of the case, the Court observed that the two Compact Discs have already been supplied to the accused-revisionist and only certificates under section 65-B of the Indian Evidence Act have been allowed to be produced to prove and by allowing the application under section 311 Cr.P.C..The Court further added that by allowing the application, the accused-revisionist was not prejudiced in any manner by producing the certificates in respect of the electronic evidence and therefore, the Court dismissed the instant revision plea.Case title - Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow [CRIMINAL REVISION No. - 588 of 2022]Citation: 2022 LiveLaw (AB) 280Click Here To Read/Download Order

Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

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