North east Delhi riots : Court imposes Rs 5000 costs on prosecution for inaction

A Delhi court has imposed a fine of Rs 5000 on the prosecution for not submitting photographs with required proof under Section 65B of the Indian Evidence Act in a case related to

the 2020 North-East Delhi riots. Section 65 (b) of the Indian Evidence Act states that for admissibility of an electronic record as evidence in any court proceeding, it needs to be

certified by a person of a responsible official position. Electronic records like photographs are not acceptable as evidence without the requisite proof. The court was

cross-examining the complainant and prosecution witness Sanjay Kumar Goel in the riot case registered against accused Noor Mohammad. Additional Sessions Judge Pulastya Pramachala,

in a recent order, said that her (complainant's) further testimony has been adjourned because, despite being directed several times, the prosecution has filed a complaint against

the Indian Evidence Act with respect to the photographs submitted by the complainant. Certificate under section 65B not obtained. The judge directed the complainant to provide the

details of the mobile phone from which he had taken photographs of his shop. The judge said he would also mention the manner and details of the equipment used to take printouts of

such photographs. While adjourning the hearing of the matter, the court said that it is well evident that this adjournment is happening due to the inaction of the prosecution

despite repeated directions given by this court. The court imposed a fine of Rs 5,000 on the prosecution, which will be paid equally to the accused and the witness.