Evidence Act , 1872 (1 of 1872) Section 65B - Prevention of Corruption Act, 1988 (49 of 1988) Section 7 and 13(1)(d), 13(2) - Transcript of conversation recorded in the voice recorder before the trap was laid - Plea that the conversation discloses ‘demand’ of illegal gratification by accused - Investigating Officer stated that, after recording the conversation between the complainant and the accused on the digital voice recorder, later it was stored on the ‘Compact Disc’ and conversation in the digital voice recorder was deleted - In cross-examination, Investigating Officer admitted that, the person who had transferred dated from Digital Voice Recorder to Compact Disc, had not given report/certificate under Section 65B of the Evidence Act nor the prosecution has examined him - The conversation stored in the C.D. being ‘electronic evidence’ of secondary, in nature, Certificate under Section 65B of the Evidence Act is mandatory - Therefore, the alleged conversation between the complainant and the accused, is required to be kept out of consideration.

2021 SCeJ 481 (Bom.)