circumstantial evidence based murder case/mobile call record
vinod bansal
(Querist) 25 October 2009
This query is : Resolved
R/Members
Murder case based only on circumstantial evidence i.e. conversation in between co-accused on mobile phones with mobile phone of deceased is posted for tomorrow,kindly provide me citation in favour of prosecution bcoz i m counsel for the complainant.Thanx
Adinath@Avinash Patil
(Expert) 25 October 2009
VINOD,
GO THROUGH THE INDIAN EVIDENCE ACT SECTION 88 AND 88 YOU WILL FIND YOUR ANSWER.
MURDER IRIAL- CIRCUMSTANCIAL EVIDENCE-RELAVANCY OF-HELD-EVIDENCE MUST BE COGENT AND ONLY INDICATE THE GUILT OF ACCUSED.
SURJIT SINGH V/S STAE OF U.P[UTT]
2007[2] CRJ 267.
Jithendra.H.J
(Expert) 26 October 2009
As per the new amendments to the Indian evidence act, All SMS and call record if in original form can be used as an evidence because its an electronic record.
you can file application to the court to direct the Service Provider to provide the call recordings
(but service providers keep the records only for few months, you have to keep this in your mind before filing application)
i think the relevant section in the evidence Act is sufficient to convince the court.
Jithendra.H.J
(Expert) 26 October 2009
plz go to following link
http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=961
vinod bansal
(Querist) 26 October 2009
Thanx to all respected members.
Vinod Bansal Adv
Vinod Singh Tomar
(Expert) 27 October 2009
Due to technical changes with the time, Cr. P.C. and evidence Act has been radically changed in accordance with the information Technology Act. Hence, SMSes, emails through electronic mediums, all are admissible in evidence. So please go ahead and follow the citation given by Advocate Adinath.
