15 Jan 2025
Mahesh Gole Tamang (Nepal)
- Citation
- BA-45B-3-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-3-03/2022 (Mahkamah Tinggi)
The court held the prosecution failed to make out a prima facie case: the CCTV recordings relied upon were inadmissible because s.90A Evidence Act conditions and authentication were not met and the prosecution could not establish chain of custody; further the failure to call the material witness Prem and investigative lapses created critical gaps. On maximum evaluation of the prosecution evidence a conviction could not be warranted and therefore no prima facie case existed; the accused was acquitted and discharged at the close of the prosecution case.