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TMI Blog2019 (11) TMI 1827X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Accused facing prosecution for an alleged offence of rape and related offences since the same is appended to the police report submitted to the Magistrate and the prosecution proposes to rely upon it against the Accused, in terms of Section 207 of the Code of Criminal Procedure, 1973 (for short, 'the 1973 Code')? The next question is: whether it is open to the Court to decline the request of the Accused to furnish a cloned copy of the contents of the subject memory card/pen-drive in the form of video footage/clipping concerning the alleged incident/occurrence of rape on the ground that it would impinge upon the privacy, dignity and identity of the victim involved in the stated offence(s) and moreso because of the possibility of misuse of such cloned copy by the Accused (which may attract other independent offences under the 2000 Act and the 1860 Code)? 3. The Appellant has been arrayed as Accused No. 8 in connection with offence registered as First Information Report (FIR)/Crime Case No. 297/2017 dated 18.2.2017 punishable Under Sections 342, 366, 376, 506(1), 120B and 34 of the 1860 Code and Sections 66E and 67A of the 2000 Act, concerning the alleged incident/occur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of evidence relied on by the prosecution in the case, was immediately brought to the notice of this Hon'ble Court, without prejudice to the right of Petitioner to obtain copies of the same, the defence side was allowed to watch the alleged video footages by playing the contents of a pen drive in the lap top made available before this Hon'ble Court. Head phones were also provided to the counsel and also to the learned APP who also was throughout present during this proceedings. 8. It is most respectfully submitted that by watching the video footage, although in a restricted environment and with limited facilities in the presence of the Ld. APP and the Presiding Officer, it is shockingly realised that the visuals and audio bytes contained in the video are of such a nature which would completely falsify the prosecution case in the form presently alleged by the prosecution. As a matter of fact the video footage is not at all an evidence of commission of crime as falsely contended by the prosecution but it is rather a clear case of fabricating false evidence with intent to foist a false case. It is submitted that it is after deliberately concealing or withholding the alleged p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice. As mentioned earlier the Ld. APP was also present. But the investigation agency which should have definitely seen and heard the same has for obvious reason screened the said material aspects from the records. The investigation, it appears did not venture to take steps to compare the female voice in the video footage with the voice of the female involved in this case, for obvious reasons. On viewing and hearing, it is revealed that clear attempt have been made by somebody to delete major portions from the video footage and from the audio recording. 13. It is respectfully submitted that utterances made by the parties involved and seen in the video footage determines the nature of act recorded in the video footage and a transcript of the utterances and human voices in the video footage is highly just and necessary especially in view of the shocking revelation, found when the video footage was played on 15.12.2017. 14. Yet another aspect which is to be pointed out is the mysterious disappearance of the mobile phone allegedly used for recording the video footage. The strong feeling of the Petitioner is that the investigating agency has not so far stated the truth regarding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used is legally entitled to get the copies of all documents including the CDs, Video footage etc., and the prosecution is bound to furnish the same to the Petitioner. 19. In the above premises it is respectfully prayed that this Hon'ble Court may be pleased to direct the prosecution to furnish a cloned copy of the contents of Memory Card containing the video and audio content in the same format as obtained in the memory card and the transcript of human voices, both male and female recorded in it, and furnish the said cloned copy of the memory card and the transcript to the Petitioner. 6. The Magistrate vide order dated 7.2.2018, rejected the said application, essentially on the ground that acceding to the request of the Appellant would be impinging upon the esteem, decency, chastity, dignity and reputation of the victim and also against public interest. The relevant portion of the order dated 7.2.2018 reads thus: Heard both sides in detail. The Petitioner has also filed reply statement to the objection and counter statement filed by Special Public Prosecutor in the case. The allegation against the Petitioner is that he engaged the first Accused to sexually assault the vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the medium on which it was recorded. Hence, memory card seized by the police itself is the product of the crime. It is not the contents of the memory card that is proposed to be established by the production of the memory card. The acts of sexual abuse is to be established by the oral testimony of the victim and witnesses. It is also not the information derived from the memory card that is sought to be established by the prosecution. Prosecution is trying to establish that the alleged sexual abuse was committed and it was recorded. Though, in the course of evidence, contents of it may be sought to be established to prove that, it was the memory card created by the Accused, contemporaneously recorded on the mobile, along with the commission of offence, that does not by itself displace the status of the memory card as a document. Memory card itself is the end product of the crime. It is hence a material object and not a documentary evidence. Hence, it stands out of the ambit of Section 207 Code of Criminal Procedure. 42. The evaluation of the above legal propositions clearly spells out that, the memory card produced in this case is not a document as contemplated Under Section 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the stated memory card on 18.2.2017 between 09:18 hrs. and 09:20 hrs. Be it noted that the original video recording was allegedly done by Accused No. 1 on his personal mobile phone, which has not been produced by the investigating agency. However, the memory card on which the offending video recording was copied on 18.2.2017 was allegedly handed over by an Advocate claiming that the Accused No. 1 had given it to him. He had presented the memory card before the Court on 20.2.2017, which was sent for forensic examination at State FSL, Thiruvananthapuram. After forensic examination, the same was returned alongwith FSL report DD No. 91/2017 dated 3.3.2017 and DD No. 115/2017 dated 7.4.2017. A pen-drive containing the data/visuals retrieved from the memory card, was also enclosed with the report sent by the State FSL. 9. Be that as it may, the prosecution was obviously relying on the contents of the memory card which have been copied on the pen-drive by the State FSL during the analysis thereof and has been so adverted to in the police report. The contents of the memory card, which are replicated in the pen-drive created by the State FSL would be nothing but a "document" within the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -drive into which the contents of memory card were documented through the process of copying by the State FSL and sent to the Court for the purpose of aiding the trial Court to know the contents of the memory card and the contents of the said pen-drive is both material object as well as "document". It is also urged that the visual contents of the pen-drive would be physical evidence of the commission of crime and not "document" per se to be furnished to the Accused alongwith the police report. The contents of the memory card or the pen-drive cannot be parted to the Accused and doing so itself would be an independent offence. Moreover, if a cloned copy of the contents of the memory card is made available to the Accused/Appellant, there is reason to believe that it would be misused by the Accused/Appellant to execute the conspiracy of undermining the privacy and dignity of the victim. It is urged that the Appellant has relied on certain decisions to contend that the contents of the memory card must be regarded as "electronic record" and, therefore, a "document". The exposition in those decisions are general observations and would be of no avail to the Appellant. The Appellant is faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larly, the statements recorded Under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses, are required to be forwarded to the Magistrate alongwith the police report. Indeed, it is open to the police officer, if in his opinion, any part of the "statement" is not relevant to the subject matter of the proceedings or that its disclosure to the Accused is not essential in the interests of justice and is inexpedient in public interest, to indicate that part of the "statement" and append a note requesting the Magistrate to exclude that part from the copies to be granted to the Accused and stating his reasons for making such request. That discretion, however, is not given to him in respect of the "documents" or the relevant extracts thereof on which the prosecution proposes to rely against the Accused concerned. As regards the documents, Sub-section (7) enables the investigating officer, if in his opinion it is convenient so to do, to furnish copies of all or any of the documents referred to in Sub-section (5) to the Accused. Section 173, as amended and applicable to the case at hand, reads thus: 173. Report of police officer on completion of investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate during investigation; (b) the statements recorded Under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the Accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the Accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the Accused copies of all or any of the documents referred to in Sub-section (5). (8) Nothing in this Section shall be deemed to preclude further investigation in respect of an offence after a report under Sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Sub-section (5) of Section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in Clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the Accused: Provided further that if the Magistrate is satisfied that any document referred to in Clause (v) is voluminous, he shall, instead of furnishing the Accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. As regards the statements, the first proviso enables the Magistrate to withhold any part thereof referred to in Clause (iii), from the Accused on being satisfied with the note and the reasons specified by the investigating officer as predicated in Sub-section (6) of Section 173. However, when it comes to furnishing of documents submitted by the investigating officer alongwith police report, the Magistrate can withhold only such document referred to in Clause (v), which in his opinion, is "voluminous". In that case, the Accused can be permitted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Magistrate at the commencement of the trial inasmuch as Section 238 of the Code warrants the Magistrate to satisfy himself that provisions of Section 207 have been complied with. Proviso to Section 207 states that if documents are voluminous, instead of furnishing the Accused with the copy thereof, the Magistrate can allow the Accused to inspect it either personally or through pleader in the Court. 17. It is well established position that when statute is unambiguous, the Court must adopt plain and natural meaning irrespective of the consequences as expounded in Nelson Motis v. Union of India (1992) 4 SCC 711. On a bare reading of Section 207 of the 1973 Code, no other interpretation is possible. 18. Be that as it may, furnishing of documents to the Accused Under Section 207 of the 1973 Code is a facet of right of the Accused to a fair trial enshrined in Article 21 of the Constitution. In Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1, this Court expounded thus: 218. The liberty of an Accused cannot be interfered with except under due process of law. The expression "due process of law" shall deem to include fairness in trial. The court (sic Code) give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aning so as to achieve its object. Not only this, the documents submitted to the Magistrate along with the report Under Section 173(5) would deem to include the documents which have to be sent to the Magistrate during the course of investigation as per the requirement of Section 170(2) of the Code. 220. The right of the Accused with regard to disclosure of documents is a limited right but is codified and is the very foundation of a fair investigation and trial. On such matters, the Accused cannot claim an indefeasible legal right to claim every document of the police file or even the portions which are permitted to be excluded from the documents annexed to the report Under Section 173(2) as per orders of the court. But certain rights of the Accused flow both from the codified law as well as from equitable concepts of the constitutional jurisdiction, as substantial variation to such procedure would frustrate the very basis of a fair trial. To claim documents within the purview of scope of Sections 207, 243 read with the provisions of Section 173 in its entirety and power of the court Under Section 91 of the Code to summon documents signifies and provides precepts which will govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejudice that he may have raised. Such a plea must be answered at the earliest and certainly before the conclusion of the trial, even though it may be raised by the Accused belatedly. This is how the scales of justice in our criminal jurisprudence have to be balanced. 20. The next seminal question is: whether the contents of the memory card/pen-drive submitted to the Court alongwith the police report can be treated as "document" as such. Indubitably, if the contents of the memory card/pen-drive are not to be treated as "document", the question of furnishing the same to the Accused by virtue of Section 207 read with Section 173 of the 1973 Code would not arise. We say so because it is nobody's case before us that the contents of the memory card/pen-drive be treated as a "statement" ascribable to Section 173(5)(b) of the 1973 Code. Notably, the command Under Section 207 is to furnish "statements" or "documents", as the case may be, to the Accused as submitted by the investigating officer alongwith the police report, where the prosecution proposes to rely upon the same against the Accused. 21. The High Court adverted to certain judgments before concluding that the memory card wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly because in their original state they conveyed no information of any kind to anybody... It can be safely deduced from the aforementioned expositions that the basis of classifying Article as a "document" depends upon the information which is inscribed and not on where it is inscribed. It may be useful to advert to the exposition of this Court holding that tape records of speeches Tukaram S. Dighole v. Manikrao Shivaji Kokate, (2010) 4 SCC 329 and audio/video cassettes Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehra and Ors., (1976) 2 SCC 17 including compact disc Shamsher Singh Verma v. State of Haryana, (2016) 15 SCC 485 were "documents" Under Section 3 of the 1872 Act, which stand on no different footing than photographs and are held admissible in evidence. It is by now well established that the electronic record produced for the inspection of the Court is documentary evidence Under Section 3 of the 1872 Act Anwar P.V. v. P.K. Basheer, (2014) 10 SCC 473. 22. It is apposite to recall the exposition of this Court in State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601, wherein this Court observed that the Code of Criminal Procedure is an ongoing statute. In case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard and not upon its contents, there would be no difficulty in acceding to the argument of the Respondent/intervenor that the memory card/pen-drive is a material object. In this regard, we may refer to Phipson on Evidence Hodge M. Malek, Phipson on Evidence, 19th Edn., 2018, pg. 1450, and particularly, the following paragraph(s): The purpose for which it is produced determines whether a document is to be regarded as documentary evidence. When adduced to prove its physical condition, for example, an alteration, presence of a signature, bloodstain or fingerprint, it is real evidence. So too, if its relevance lies in the simple fact that it exists or did once exist or its disposition or nature. In all these cases the content of the document, if relevant at all, is only indirectly relevant, for example to establish that the document in question is a lease. When the relevance of a document depends on the meaning of its contents, it is considered documentary evidence. ... ... ... Again at page 5 of the same book, the definition of "real evidence Hodge M. Malek, Phipson on Evidence, 19th Edn., 2018, pg. 5" is given as under: Material objects other than documents, produced for inspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts, which is either intended to be processed, is being processed or has been processed in a computer system or computer network or stored internally in the memory of the computer. 25. Having noticed the above definitions, we may now turn to definitions of expressions "document" and "evidence" in Section 3 of the 1872 Act being the interpretation clause. The same reads thus: 3. Interpretation clause.- Document.- "Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing is a document; Words printed, lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document. Evidence.- "Evidence" means and includes-- (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court, such docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ularly carried on over that period as mentioned in Clause (a) of Sub-section (2) was regularly performed by computers, whether-- (a) by a combination of computers operating over that period; or (b) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this Section as constituting a single computer; and references in this Section to a computer shall be construed accordingly. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,-- (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1.--It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A power-of-attorney is a document. A map or plan which is intended to be used or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Explanation 2.--Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LT 730, Senior v. Holdsworth, ex p. Independent Television News Ltd. [1976] QB 23, [1975] 2 All ER 1009, Victor Chandler International Ltd. v. Customs and Excise Comrs. [2000] 1 All ER 160, [1999] 1 WLR 2160, ChD. Varying definitions have been adopted in legislation For the purposes of the Police and Criminal Evidence Act 1984, 'document' means anything in which information of any description is recorded: Section 118 (amended by the Civil Evidence Act 1995 Section 15(1), Sch 1 para 9(3)). For the purposes of the Criminal Justice Act 2003 Pt. 11 (Sections 98-141) (as amended) (evidence), the definition is the same (see Section 134(1)), save that for the purposes of Pt. 11 Ch. 3 (Sections 137-141) (which includes the provision relating to refreshing memory (see Section 139; and para 1438 ante)) it excludes any recording of sounds or moving images (see Section 140). A document may be relied on as real evidence (where its existence, identity or appearance, rather than its content, is in issue See e.g. R. v. Elworthy (1867) LR 1 CCR 103, 32 JP 54, CCR; Boyle v. Wiseman (1855) 11 Exch. 360. Documents produced by purely mechanical means may constitute real evidence even where re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lawfully declined to produce it R. v. Nowaz (1976) 63 Cr. App. Rep 178, CA. A further possibility was that contents of a document might be proved by an admission or confession: Slatterie v. Pooley (1840) 6 M & W 664.... xxx xxx xxx 1466. Real evidence. Material objects or things (other than the contents of documents) which are produced as exhibits for inspection by a court or jury are classed as real evidence This include animals, such as dogs, which may be inspected to see if they are ferocious (Line v. Taylor (1862) 3 F & F 731) or whether they appear to have been ill-treated, etc. Note however that statements (such as statements of origin) printed on objects may give rise to issues of hearsay if it is sought to rely on them as true: Comptroller of Customs v. Western Lectric Co. Ltd. [1966] AC 367, [1965] 3 All ER 599, PC.. The court or jury may need to hear oral testimony explaining the background and alleged significance of any such exhibit, and may be assisted by expert evidence in drawing inferences or conclusions from the condition of that exhibit Expert evidence may often be essential if the court or jury is to draw any kind of informed conclusions from their examinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1968) 52 Cr. App. Rep 282, CA; R. v. Bailey [1993] 3 All ER 513, 97 Cr. App. Rep 365, CA. Where a video recording of an incident becomes available after the witness has made a statement, the witness may view the video and, if necessary, amend his statement so long as the procedure adopted is fair and the witness does not rehearse his evidence: R. v. Roberts (Michael), R. v. Roberts (Jason) [1998] Crim. LR 682, 162 JP 691, CA.. However, that evidence should always be regarded with caution and assessed in the light of all the circumstances R. v. Maqsud Ali, R. v. Ashiq Hussain [1966] 1 QB 688, 49 Cr. App. Rep 230, CCA. As to the use of tape recordings and transcripts see R. v. Rampling [1987] Crim. LR 823, CA; and see also Buteria v. DPP (1986) 76 ALR 45, Aust. HC. As to the tape recording of police interviews see para 971 et seq ante; and as to the exclusion of a tape recording under the Police and Criminal Evidence Act, 1984 Section 78 (as amended) (see para 1365 ante) as unfair evidence see R. v. H [1987] Crim. LR 47, Cf R. v. Jelen, R. v. Karz (1989) 90 Cr. App. Rep 456, CA (tape recording admitted despite element of entrapment).. A video recording of an incident which is in is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Code may be enlarged so as to specifically include therein any disc, tape, sound track or other device on or in which any matter is recorded or stored by mechanical, electronic or other means ... ... ... The aforesaid proposed amendment in Section 29 would also necessitate consequential amendment of the term "document" Under Section 3 of the Indian Evidence Act, 1872 on the lines indicated above. Considering the aforementioned Reports, it can be concluded that the contents of the memory card would be a "matter" and the memory card itself would be a "substance" and hence, the contents of the memory card would be a "document". 32. It is crystal clear that all documents including "electronic record" produced for the inspection of the Court alongwith the police report and which prosecution proposes to use against the Accused must be furnished to the Accused as per the mandate of Section 207 of the 1973 Code. The concomitant is that the contents of the memory card/pen-drive must be furnished to the Accused, which can be done in the form of cloned copy of the memory card/pen-drive. It is cardinal that a person tried for such a serious offence should be furnished with all the material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tents of the memory card/pen-drive would be freely available to all the Accused. 36. Considering the principles laid down by this Court in Tarun Tyagi (supra), we are of the opinion that certain conditions need to be imposed in the fact situation of the present case. However, the safeguards/conditions suggested by the Appellant such as to take help of experts, to impose watermarks on the respective cloned copies etc., may not be sufficient measure to completely Rule out the possibility of misuse thereof. In that, with the advancement of technology, it may be possible to breach even the security seals incorporated in the concerned cloned copy. Besides, it will be well-nigh impossible to keep track of the misuse of the cloned copy and its safe and secured custody. 37. Resultantly, instead of allowing the prayer sought by the Appellant in toto, it may be desirable to mould the relief by permitting the Appellant to seek second expert opinion from an independent agency such as the Central Forensic Science Laboratory (CFSL), on all matters which the Appellant may be advised. In that, the Appellant can formulate queries with the help of an expert of his choice, for being posed to the st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rinciple to recognise and accept the right of one which has to be protected. xxx xxx xxx 61. Be it stated, circumstances may emerge that may necessitate for balancing between intra-fundamental rights. It has been distinctly understood that the test that has to be applied while balancing the two fundamental rights or inter fundamental rights, the principles applied may be different than the principle to be applied in intra-conflict between the same fundamental right ... ... ... Thus, there can be two individuals both having legitimacy to claim or assert the right. The factum of legitimacy is a primary consideration. It has to be remembered that no fundamental right is absolute and it can have limitations in certain circumstances ... ... ... Therefore, if the collective interest or the public interest that serves the public cause and further has the legitimacy to claim or assert a fundamental right, then only it can put forth that their right should be protected. There can be no denial of the fact that the rights of the victims for a fair trial is an inseparable aspect of Article 21 of the Constitution and when they assert that right by themselves as well as the part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrations in the way it has been happening is causing serious discomfort and harassment to the residents. At the same time, it is also to be kept in mind that for quite some time Jantar Mantar has been chosen as a place for holding demonstrations and was earmarked by the authorities as well. Going by the dicta in Asha Ranjan [Asha Ranjan v. State of Bihar, (2017) 4 SCC 397 : (2017) 2 SCC (Cri.) 376], principle of primacy cannot be given to one right whereby the right of the other gets totally extinguished. Total extinction is not balancing. Balancing would mean curtailing one right of one class to some extent so that the right of the other class is also protected. 41. We are conscious of the fact that Section 207 of the 1973 Code permits withholding of document(s) by the Magistrate only if it is voluminous and for no other reason. If it is an "electronic record", certainly the ground predicated in the second proviso in Section 207, of being voluminous, ordinarily, cannot be invoked and will be unavailable. We are also conscious of the dictum in the case of Superintendent and Remembrancer of Legal Affairs, West Bengal v. Satyen Bhowmick and Ors. (1981) 2 SCC 109, wherein this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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