cell phone recording as evidence

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved
sir,
Please inform case details, where cell phone recordings or voice recordings are used as evidence

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Satya Mani Tiwari (Expert) 04 September 2010
In almost all trap cases CBI, ACB records phone recordings as demand made by corrupt government official u/s 7 of PC act as evidence in the same manner cell phone recording can also be used as circumstancial evidence. In phone recording usually two independent wittnesses are present when the conversation is being recorded who are asked to later testify in court, for reaching to a conclusion sample voice examination of the suspect is compared to that of recording by FSL who also testify as expert in the court during trial if the match is fool proof then it is accepted as evidence against the suspect for conviction, in the same way cell phone recordings can also be used as evidence but as no independent wittnesses are present at the time of recording, hence original cell phone on which recording is made to be retained which may be examined by the expert and in the manner described above the court can reach to a conclusion but it may not be used as only primary evidence but may be used as a corroborative circumstancial evidence against a suspect but if its against government servant it may attract enough attention for initiation of Departmental enquiry.I hope it answers your query

s.subramanian (Expert) 04 September 2010
That is good Mr.Satyamani. Nice answer. Thank you.

RAKHI BUDHIRAJA ADVOCATE (Expert) 04 September 2010
is there any judgement in this regard?

pravir singh (Expert) 05 September 2010
Boman P. irani vs manilal P. gala A.I.R.- 2004Bombay - 123 Audio cassettes - Admissibility in evidence - Evidence to be admitted provisionally subject to right of parties their objections at final stage -----------------

Querist : Anonymous (Querist) 05 September 2010
thanks, Ad pravir singh and ad satyamani for your valuable answers. Ad Satyamani, Please case references with regard to this question.

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