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windowsxp   18 July 2016

Photo evidence was not admitted during crossing

Dear Sir/Madam,

I have submitted Photo evidence hard copy and CD as soft copy during evidence and while crossing my wife didnt admitted as original she dismissed as morphed even Judge was surprised by seeing those pics and her answer as fake and morphed..

so my question is on whom the burden lies now to prove they are genuine?

my self has to request for forensic test or my wife??

my lawyer telling if we go for forensic test they will give report in one year does it take that long time to give forensic report on photos??

crossing was closed and next stage is arguments

kindly advise..

 

Regards,

Srinivas

 



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 5 Replies

Srinivasan (IT)     19 July 2016

Hi,

I am also in the same boat. I had submitted 4 albums in the court and at the time of cross examination my lawyer had show all the four but my wife admitted one album of photos and dismissed all the other three.

Now my lawyer had advised me to submit affidavit evidance act 65A inorder to prove the electronic evidances,

and my next move is when the cross examine starts we have to show the admitted photos once again and if she denies then my complete set of 4 albums can be admitted at the time of arguement and we can prove that she is purposefully deniying.

Your doubts.

1.If she denies the burden of proof is your's ( By the above way you can prove)

2. no use. The forsenic people we give a report that the photos are genuine but suppose if they give report that photos are genuine but they are not responsible in the content of the photos.

 

innocenthusband   19 July 2016

Originally posted by : Srinivasan
Hi,

I am also in the same boat. I had submitted 4 albums in the court and at the time of cross examination my lawyer had show all the four but my wife admitted one album of photos and dismissed all the other three.

Now my lawyer had advised me to submit affidavit evidance act 65A inorder to prove the electronic evidances,

and my next move is when the cross examine starts we have to show the admitted photos once again and if she denies then my complete set of 4 albums can be admitted at the time of arguement and we can prove that she is purposefully deniying.

Your doubts.

1.If she denies the burden of proof is your's ( By the above way you can prove)

2. no use. The forsenic people we give a report that the photos are genuine but suppose if they give report that photos are genuine but they are not responsible in the content of the photos.

 

 evidence submitted to the court consists of photos? What would that prove? Unless it is a photo of your wife involved in a crime, what help would photos do?

also are there any forensic labs in india who are accredited to verify such stuff?

Srinivasan (IT)     19 July 2016

forensic labs in india will do the authenticity like date and time of photos taken, from which equipment but these agencies are not responsible for the contents of photos like " this is me, this is my wife etc...

 

windowsxp   19 July 2016

Okay thanks a lot Srinivasan for the valuable informaton..

my lawyer has closed the crossing, i think i again had to reopen the crossing and reqeust the judge to send the photos to forensic labs right?? once i get the forensic report i have to submit cross her again and submit the report..

The photos which i submitted has some content has important information in it..

by the way once judge orders for forensic report how long it takes to get the report?

Regards,

Srinivas

 

windowsxp   19 July 2016

my wife telling those photos or morphed, do forensic labs tells whether the photos are genuine or not right?

 


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