Referring to certain provisions of the Indian Evidence Act, the
defence in the BJP leader Pramod Mahajan murder case today claimed that
a SMS message could not be accepted as valid evidence.
While countering the theory of motive behind the BJP leaders murder, defence counsel Harshad Ponda submitted that the Indian Evidence Act allows electronic evidence as 'admissible' evidence in criminal trials. The Act stipulates only secured electronic evidence be accepted as valid evidence, he said.
In Pramod Mahajan murder trial, the defence has succesfully proved that mobile SMS message could be easily fabricated and proved that a SMS was not a secured electronic evidence and in turn could not be accepted.
The defence counsel also countered prosecution averment that in this case since the accused himself was the first informant, the statement of the accused, upon which the FIR was based, should be taken as his confessional statement.
Mr Ponda pointed out that the provisions of law did not permit so, adding that the statement given by accused Pravin Mahajan, immediately after the incident of firing, could not be taken as confessional statement as it was not recorded by a competent officer.
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