Page 48 - cyber law new

Cyber Crime and Law 6. Net Witness and security intelligence are network traffic security analyzer tools.
7. ProDiscover Incident Response (IR) is a complete IT forensic tool that can access

computers over the network to study the network behavior
Notes 8. The Sleuth Kit is one of network forensics tools used to find file instances in an
NTFS file.

1.38 Case Laws

State of Maharashtra vs. Dr. Praful B Desai (AIR 2003 SC 2053)
[The question involved whether a witness can be examined by means of a video
conference.]
The Supreme Court observed that video conferencing is an advancement of science
and technology which permits seeing, hearing, and talking with someone who is not
physically present with the same facility and ease as if they were physically present.
The legal requirement for the presence of the witness does not mean actual physical

presence. The court allowed the examination of a witness through video conferencing
and concluded that there is no reason why the examination of a witness by video
conferencing should not be an essential part of electronic evidence.

Rajesh and Nupur Talwar Would File Appeal At Allahabad High Court Today

The Aarushi Talwar’s murder case is a real complicated one. There is no direct evidence
and the case has been decided based upon circumstantial evidences. A CBI judge, in
November 2013, held that the parents of Aarushi Talwar are guilty of the murder of
their daughter and domestic help.

Now the convicted couple has decided to file an appeal before the Allahabad High
Court on Tuesday i.e. 21-01-2014. An application for bail had also been attached with
the appeal, with the matter likely to be listed for Thursday. The appeal runs into 2,200
pages, with the grounds for appeal being 600 pages long.
The lawyers for the convicted accused parents are appealing against issues like
nature of burden of proof, improper witnesses and evidence, etc. These seem to be
traditional criminal law related arguments.

The lawyers of the convicted parents seem to have ignored the digital evidence
that, if proved successfully, could easily lead to their acquittal. This is more so when the
central bureau of investigation (CBI) has failed to produce very credible cyber forensics
evidence In the lower court.

When stakes are high it is not a good strategy to ignore and exclude crucial areas
that can strengthen a lawyer’s case. Let us see how the appeal would be pursued at the
Allahabad High Court in the near future.

48 Self Learning Material