• C.D. - Allegedly containing conversation between the parties produced before the Rent Controller - Had filed an application for taking voice samples of the conversationists for comparison to fix authorship of such conversation as is digitally stored in compact disk (CD) - Nothing was shown to the Rent Controller whether during their cross-examination, the landlords-conversationists had been questioned qua the alleged conversation stored in the CD or not and if so, what was their response on that count - It is also not made clear by the tenant that he has produced his substantive evidence and thereafter, has produced the transcript of conversation as well - Oral admissions regarding the contents of electronic records would not be relevant unless the genuineness of the electronic records produced is proved - Since presumption of truth does not attach to statements caged in a CD, admissibility of this digital evidence will have to be seen in terms of Sections 65-A and 65-B of the Evidence Act - Information Technology Act, 2000 (21 of 2000). (176) P.L.R.
  • C.D. - Authencity - Authencity of the CD could be best secured only by verifying it in the manner set forth in Section 65-B(4) - A memory chip that lies embedded in a memory of camera but detachable also makes inference possible of what camera was in operation - There was no link possible between the digital evidence storage media, namely, the CD and the memory chip that was said to have been the source for the replication of data in the CD - In the manner of explaining the Read Errors, although the report does not say what the Read Errors were, the report from the Truth Labs indicates what exactly they were that there had been a discontinuity in the Pitch contour at 53 seconds and 56 seconds of the recordings - If the CD cannot stand the test of authenticity by its comparison with its hash value with the source, then the transcript of what has been obtained through its audio footage or what it purports to capture cannot be taken as of any value - Evidence Act, 1872, Section 62 - "CD"      (180) P.L.R. 


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