Gaurav Maini vs State Of Haryana 2024 INSC 488 – S 311 CrPC, Ss 65B,165 Evidence Act

Code Of Criminal Procedure, 1973; Section 311- Indian Evidence Act, 1872; Section 165– The trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings, so as to ensure that neither any extraneous material is permitted to be brought on record nor any relevant fact is left out. It is the duty of the trial Court to ensure that all such evidence which is essential for the just decision of the case is brought on record irrespective of the fact that the party concerned omits to do so. (Para 48)

Indian Evidence Act, 1872; Section 65B- When the prosecution admittedly, did not prove the call detail records in accordance with the mandate of Section 65B of the Evidence Act and hence, the call detail records cannot be read in evidence. (Para 51)

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