Babali v. State of U.P. and Another
Case brief
What is this about?
CCTV footage; plea of alibi; oral evidence; electronic evidence; Section 65B(4) Indian Evidence Act certificate; Section 315 CrPC defence evidence; Section 482 CrPC; Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal A.I.R. 2020 S.C. 4908; primary evidence versus duplicate/secondary evidence; Sessions Trial No. 397 of 2018; Case Crime No. 446 of 2018; Sections 147, 302, 201, 34 IPC; P.S. Gadhmukteshwar; District Hapur; Special Judge MP/MLA Hapur; order dated 22.11.2022 set aside; one opportunity to produce defence evidence; Allahabad High Court.
What did the court decide?
Prayer allowed and impugned order dated 22.11.2022 set aside; trial court to read the impugned order subject to this order; one certified copy of the order to be filed by any party within two months, thereafter the applicant to produce the remaining defence evidence.