“We may reiterate, therefore, the certificate required under Section 65B(4) is a condition precedent to admissibility of evidence by way of electronic record, as correctly held in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473.”
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 3 SCC 216 referred and Three-Judge Bench in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 answered. We are not able to place any reliance on CCTV footage. We must record, witnesses fail to inspire necessary confidence a Court of Law looks for to ‘clinchingly’ establish circumstances of last seen.
Priest-Prasad Sharadchandra Shukla deposes, Chandrabhan came to him on reference of Astrologer-Rajabhau Aher for performing ‘Puja‘ of Kalsarpa Yog and Atigand Yog. He deposes, Chandrabhan came with his horoscope and paid him Rs. 3000/-. In any case, evidence given by Priest-Prasad Sharadchandra Shukla and Astrologer-Rajabhau Aher do not constitute circumstantial evidence having any nexus with the commission of the crime in question.
There is something more than what meets the eye in this case. It will be extremely unsafe to sustain a conviction. Chandrabhan shall be set at liberty.
– Hon’ble Justice K.V. Viswanathan, Chandrabhan Sudam Sanap v. State of Maharashtra, [Criminal Appeal No. 879 of 2019].
