08 Sep 2026 12:18 PM

Electronic Evidence -- Primary Data Extracted from Seized Devices -- Certificate under Section 65B Evidence Act not required

(i) Indian Evidence Act, 1872, S.65B -- Electronic Evidence -- Primary Data Extracted from Seized Devices -- Certificate under Section 65B Evidence Act not required -- A certificate under Section 65B is necessary only for secondary electronic evidence. Where data is directly extracted by a forensic laboratory from seized original devices and corroborated with call detail records, such evidence constitutes primary evidence and requires no certification. (ii) Indian Penal Code, 1860, S.376(2)(n) -- Rape -- Omission in Initial PCR Call -- Does not render allegation an afterthought -- An emergency police control room call made in an urgent situation cannot be expected to contain a complete narration of the incident. Omission to mention specific offences in such a call does not discredit the prosecutrix\'s version where her testimony otherwise remains consistent across her statements and deposition.

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