Evidence act
Sanjeev Panda
(Querist) 28 July 2012
This query is : Resolved
My client is an accused in a case of kidnapping u/s 365/366 IPC of a girl who happened to be his girlfriend. The police intercepted the car in which the accused allegedly kidnapped the girl and arrested the accused. The police seized two mobile phones, one belonging to the girl and one to the accused. The said mobiles were exhibited in the court. The accused and girl who is alleged to have been kidnapped have had a very intimate relation and the mobile phones which the police seized and produced in the court contains the SMSs which shows the intimacy between the accused and the girl. Now, I want to exhibit the content of the mobile. As the police has seized the said mobiles and exhibited it as an object to prove the seizure of the same from the accused but the prosecution is not relying on its content which is in favor of the accused as it falsifies the prosecution version. Under what provisions of the Indian Evidence Act, I can apply to the Court concerned to exhibit the content of the mobile which is already exhibited in the Court? Please also suggest any case law
venkatesh Rao
(Expert) 30 July 2012
Once a document is admitted in evidence, its contents can be made use of by either parties. Any document or object should be taken in its entirety and not an isolated part. You may please argue on this line and get the SMS exhibited in court.
