Updated: August 6, 2021 12:32:13 pm
A Delhi Court on Thursday pulled up the police for arresting an accused person on the basis of his appearance in CCTV footage which was, however, not authenticated.
Special Judge Sunil Chaudhary made the observations while allowing the bail application of one Sameer. He was arrested by the police in connection with a fight between two groups of people, in which the accused people were said to be armed with sticks, swords and iron rods in Northeast Delhi’s New Usmanpur area on March 20 this year.
This comes a day after a Delhi court on Wednesday pulled up the cops for not procuring a sanction of a district magistrate while filing a police report in a criminal case.
The prosecution had alleged the involvement of the accused on the basis of CCTV footage.
Advocate Sulaiman Khan, who appeared on behalf of Sameer, told the Court that that “CCTV footage, which is available with the police, would clearly show that the story is actually the other way around” and it was the complainant and his associates who were the assailants.
It was also submitted that the CCTV footage shows that the “accused persons were at their own home and not at the place of the alleged incident at 1 am.”
The police informed the Court that they had tried to procure the CCTV footage from a local shopkeeper but there was footage in the DVR. They added that they have taken a certificate under Section 65 B of the Indian Evidence Act to prove the CCTV footage from the accused.
“The act of the IO is not appreciable as on one hand, he has implicated the present applicant on the basis of his appearance in the CCTV footage and on the other hand, he has not taken requisite certificate to prove the contents of the CCTV recording from the owner of the equipment and he wants to prove the CCTV footage by one of the accused of the case. IO has also not taken the expert report about the authenticity of the CCTV footage,” the Court said.
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