Application of Digital Forensic Evidence in Hit and Run: A Comparative Study with Special Reference to § 304 Part II of IPC

The developments of the new era in technology have reflected change in the existing system of investigating and judicial system with regard to evidence admissibility and reliance by the judiciary across jurisdictions. The criminal-jurisprudence has witnessed notable transformation with the use of scientific tools, procedures, and methodologies, which has become increasingly pivotal in delivering justice to the aggrieved. India accounts for 11% of all fatal traffic accident deaths worldwide despite owning only 1% of all vehicles and even fewer than 1% conviction rate, due to lack of proper evidence. How the digital forensic evidence in helping the legal system to encase allegations made under § 304A of the IPC to under § 304 Part II of the IPC is conveyed in this paper with the help of hit and run case instances. In addition to it, this paper also aims to establish the veracity and admissibility of the digital forensic evidence in the court of law and how the examination of its role has a different impact on two mostly identical cases with different investigation outcomes. In one instance, the accused was convicted due to the evaluation of digital evidence while in other he was acquitted due to lack of any proper forensic evidence. The authors have highlighted the challenges before the judges in deciding a criminal case or settle a legal dispute. Relying solely on witness testimony, who are seldom tutors or could not be relied upon might jeopardize the entire case proceedings. Thus, the authors argue for using forensics evidences to reconstruct the crime screen and corroborate the witness/victims testimony.