CCTV Footage is the Best Evidence
Supreme Court of India in Tomaso Bruno & Anr. Vs. State of U.P. dated 20-01-2015 viewed that "omission to produce CCTV footage which is the best evidence, raises serious doubts about the prosecution case."
A full bench of Justices Anil R. Dave, Kurian Joseph and R. Banumathi held that "to invoke Section 106 of the Evidence Act, the main point to be established by the prosecution is that the accused persons were present in the hotel room at the relevant time.
Hotel Manager stated that CCTV cameras are installed in the boundaries, near the reception, in the kitchen, in the restaurant and all three floors. Since CCTV cameras were installed in the prominent places, CCTV footage would have been best evidence to prove whether the accused remained inside the room and whether or not they have gone out.
CCTV footage is a strong piece of evidence which would have indicated whether the accused remained inside the hotel and whether they were responsible for the commission of a crime. It would have also shown whether or not the accused had gone out of the hotel.
CCTV footage being a crucial piece of evidence, it is for the prosecution to have produced the best evidence which is missing. Omission to produce CCTV footage, in our view, which is the best evidence, raises serious doubts about the prosecution case." Court added.
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