STATE OF GUJARATversusJAKIR UMARBHAI MALLA
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- P M RAVAL
Holding
Marking of the Pen Drive and audio transcript as Mark‑A without compliance with the Indian Evidence Act and IPC cannot be treated as evidence.
Summary
The State of Gujarat filed a criminal revision against the order dated 07‑10‑2024 in which the Additional Special Judge, Gondal, marked a Pen Drive and an audio transcript as Mark‑A to be kept with the victim's deposition in a POCSO case. The State contended that the trial court failed to follow the procedural requirements of the Indian Evidence Act and the Indian Penal Code before marking the electronic material as evidence. The respondents argued that the matter was nearing completion and that the trial court had only marked, not exhibited, the documents. The High Court held that mere marking without compliance with the statutory provisions renders the material inadmissible as evidence. Consequently, the revision application was partly allowed, though the court did not examine the merits of the underlying case.
Issues considered
- Whether the trial court could mark a Pen Drive and audio transcript as Mark‑A without complying with the provisions of the Indian Evidence Act and the Indian Penal Code.
Legislation cited
Subjects
Judgment
R/CR.RA/1226/2025 ORDER DATED: 13/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1226 of 2025
==========================================================
STATE OF GUJARAT
Versus
JAKIR UMARBHAI MALLA & ORS.
==========================================================
Appearance:
MR. UTKARSH SHARMA, APP for the Applicant(s) No. 1
MR A A ZABUAWALA(6823) for the Respondent(s) No. 1,3
MR. NEEL P. KANABAR(16614) for the Respondent(s) No. 2,4
==========================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 13/01/2026
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. The State is before this Court challenging the order dated
07.10.2024 regarding marking of Pen Drive and transcript of audio
clip as Mark-A to be kept alongwith the deposition of the victim,
passed by the learned Additional Special Judge, Gondal, Rajkot
under the case registered as Special POCSO Case No.42 of 2020,
interalia contending that without following due provisions of the
Indian Evidence Act and Indian Penal Code, the Court could not
mark that document.
3. Learned advocate for the respondent would submit that the
matter is on the verge of completion, and merely because of
pendency of the present revision application, the learned Trial Court
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R/CR.RA/1226/2025 ORDER DATED: 13/01/2026
is unable to proceed with the matter, more particularly, has fairly
stated that the Trial Court has merely marked the document and not
exhibited.
4. Be that as it may, the facts remains that even the document is
exhibited, contentions are required to be proved in accordance with
law. In the present case, when the learned Trial Court has merely
marked the Pen Drive and transcript of audio clip as Mark-A, it goes
without saying that without following the provisions of the Indian
Evidence Act and the Indian Penal Code, the same cannot be looked
into as evidence.
5. With the aforesaid observations, the present revision
application stands partly allowed.
6. It is made clear that this Court has not gone into the merits of
the case.
(P. M. RAVAL, J)
NITIN MAKWANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/01/2026 14:05:45
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