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2020 Delhi Riots: Prosecution To Ensure Integrity Of Evidence In Each Case: Court

While conducting cross-examination of a witness in a case, the court found that an unsealed copy of a CD allegedly containing video clips of riots, which was used for identification of accused persons, was placed on record.  

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Representational Image from Delhi Riots, 2020
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A court hearing the case concerning the 2020 northeast Delhi riots has asked the prosecution to ensure evidence produced before it in the form of video or audio clips should be “without any compromise to their integrity.”

The court also ordered that such video or audio clips have to be placed before it “after due examination from forensic science laboratory (FSL).”  It also said that the “integrity of evidence in each case has to be checked and ensured by the prosecution.” 

While conducting cross-examination of a witness in a case, the court found that an unsealed copy of a CD allegedly containing video clips of riots, which was used for identification of accused persons, was placed on record.  

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“For any video clip or audio clip, the prosecution is duty bound to get such piece of evidence examined by a forensic expert, in order to test its veracity, and (to verify) the fact, if such a piece of evidence is edited or tampered with in any manner,” Additional Sessions Judge Pulastya Pramachala said in a recent order.

The judge said that CDs from the FSL which are given to the prosecution in a sealed condition have to be produced in the same manner before the court.

Elaborating further, the judge said in one case it was found that the video CD was not produced before the court in a sealed condition, while in some other cases, the court realised that the video CDs were not even sent to FSL.

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The court then asked the deputy commissioner of police (DCP), northeast district, and DCP crime to "expeditiously take all necessary steps." The court has posted the matter for submitting of compliance report on November 15, 2022.

-With PTI Input

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