Babloo case: Court says police failed make electronic evidence admissible

A court here has observed that Delhi Police has failed to place on record mandatory certificates regarding admissibility of electronic evidence as it acquitted underworld don Babloo Srivastava and his three associates in a 2003 kidnapping case of a Delhi-based businessman.

Additional Sessions Judge Reetesh Singh on Friday acquitted Om Prakash Srivastava alias Babloo Srivastava, Fazlu-ur-Rehman alias Fazlu, Pradeep Kumar Khurana and Jitender Singh of the charges of kidnapping for ransom, putting person in fear of death or of grievous hurt, to commit extortion) and criminal conspiracy observing that electronic evidence produced before it by the Special Cell of Delhi Police was "inadmissible" due to the absence of any requisite certificates under section 65B (admissibility of electronic records) of Indian Evidence Act.

"However, in the absence of requisite certificates under Section 65 of the Evidence Act, electronic evidence produced by the prosecution i.e. tape recorded conversations, voice samples and CDRs (call detail records) of mobile phones connection have been rendered as inadmissible in evidence," the judge said in a detailed order released Monday.

"In these facts and circumstances there is only conclusion which can be reached at the end of this trial i.e. the prosecution has been unable to prove the charges made against the accused persons beyond any reasonable doubt. They are therefore acquitted of the charges framed against them."

According to the prosecution, Sheetal Singh, a Delhi-based businessman who is into the business of manufacturing and marketing high security vehicle registration plates, received an extortion threat from the underworld gangster and his associates.

One day Jitender Singh called the businessman and persuaded him to meet Srivastava in Lucknow jail to settle the matter. Subsequently, on March 11, 2003, Singh was abducted by Jitender and others and was taken to the gangster in jail, police added.

There, Srivastava threatened Singh and demanded Rs.25 lakh.

The court noted that police has failed to prove that Singh had travelled from New Delhi to Lucknow on March 11, 2003 and thereafter was taken forcibly to meet Srivastava.

After a few days, the businessman lodged a complaint against Babloo with the Special Cell.

Srivastava, facing trial in various cases in India, was extradited from Singapore in 1995.