Case Comment: Certifications over Truth? A Critical Study of Electronic Evidence in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal

The verdict in the Arjun Panditrao Case1 plays an important role in the development of the jurisprudence on the admissibility of electronic records in the criminal justice system. The case arose out of an election dispute under the Representation of the People Act, 1951, where the validity of the election depended significantly on video recordings that were relied upon to show that certain nomination papers had been submitted after the prescribed deadline. Two election petitions were filed before the Bombay High Court challenging the election of the returned candidate from the 101–Jalna Legislative Assembly constituency. The central allegation was that two sets of nomination papers were presented after 3:00 p.m. on 27 September 2014, but were nevertheless accepted by the Returning Officer.