7 Nov 2022 9:20 AM GMT
The Karnataka High Court has directed the Director General of the Police, the Director of Public Prosecution and HC Registrar (General) to make arrangements for necessary training of their officers in respect of receiving, handling, storage and use of electronic evidence.A division bench of Justice Suraj Govindaraj and Justice G Basavaraja sitting at Dharwad, issued the directions for...
The Karnataka High Court has directed the Director General of the Police, the Director of Public Prosecution and HC Registrar (General) to make arrangements for necessary training of their officers in respect of receiving, handling, storage and use of electronic evidence.
A division bench of Justice Suraj Govindaraj and Justice G Basavaraja sitting at Dharwad, issued the directions for better implementation of the directions already issued regarding the collection, handling and storing of electronic evidence, by coordinate benches in two other cases.
The court said the Investigating Officer or any person handling the electronic evidence including that in the court are directed to comply with the directions issued by the Court in November 2018 in Madhukara @ Madhu @ Mallesha Vs. The State of Karnataka and the directions issued in the case of Mr. Virendra Khanna Vs. State of Karnataka & Another.
The bench further said concerned Principal District Judges of each court will provide necessary storage boxes or CDs, DVDs, pen drives etc., which are "anti-static antimagnetic."
"Any court receiving any of the above electronic evidence to store the same in a suitable container which is anti-static, anti-magnetic and suitable for storage of electronic equipment without loss of data. As and when required, the concerned Court would always call for the electronic evidence from the safe custody, as above."
The bench added that the concerned Courts should also be provided with necessary equipment to play the electronic evidence in the form of CDs, DVDs, pen drives, SD cards etc.
The directions were issued by the court while allowing an appeal filed by a murder accused Shivappa @ Shivanand Hittanagi, who was convicted and sentenced to life imprisonment by the trial court in June 2017. The case dates back to 2014 when the son of the deceased filed a missing complaint.
During the hearing of the appeal, the bench called for the records and proceedings from the trial court. The prosecution had claimed that it had recovered goats belonging to the deceased from the accused and the same was videographed. However, when the CD was produced before the high court it was found to be stapled to the file in a plastic cover and hence the court was unable to view the same.
Case Title: SHIVAPPA @ SHIVANAND HITTANAGI v. THE STATE OF KARNATAKA
Case No: CRIMINAL APPEAL NO. 100187 OF 2017
Citation: 2022 LiveLaw (Kar) 444
Date of Order: 4TH DAY OF NOVEMBER, 2022
Appearance: KUSHAL V. BOLMAL, ADVOCATE for petitioner
V. M. BANAKAR, ADDL SPP, ADVOCATE for respondent.
Click Here To Read/Download Judgment