Rasiklal v. Kishore Khanchand Wadhwani
High Court hearing Rasiklal v. Kishore Khanchand Wadhwani overruled a previous judgment delivered by JMFC, Indore, on 01.07.2015 in Criminal Case No.16047/2006 made the news headlines on July 2. The case involves defamation allegations against petitioner Rasiklal emanating from a televised interview aired in Dubai and India.
At first, the respondent Kishore Khanchand Wadhwani had lodged a complaint supported by a CD containing the alleged defamatory interview. Following the procedures for private complaints, the Magistrate took cognizance of the matter under section 500 of IPC and issued summons accordingly. However, Rasiklal challenged this order through a petition filed under Section 482 of Cr.P.C., contending it to be maintainable.
On its part, the High Court subjected the contentious petition under Section 482 to scrutiny examining details surrounding admissibility of electronic records as spelled out in Section 65-B (2) of Indian Evidence Act. The court carefully scrutinized requirements for an electronic record like a Compact Disk (CD) to be admitted as evidence before finally concluding that it was an admissible piece of evidence. These range from regular use of computer for storing or processing information therein, consistent feeding into it with relevant data, computer’s functional integrity during the material period and whether or not such information is within that record authentic were considered by court throughout its determination stage
This verdict sets an imperative precedent concerning the stringent examination of electronic evidence within the legal framework. By overturning the impugned order, the Court not only vindicated Rasiklal but also highlighted the significance of abiding by legal standards for the acceptance of electronic records, marking a meticulous stride towards embracing the evolving digital realm in legal proceedings.
