WHICH CRIMINAL PROEDURE CODE THE TAPE RECORDED CONVERSATION CAN BE CHALLENGED

Querist : Anonymous (Querist) 03 June 2011 This query is : Resolved
Dear experts

My case is placed on Argument oin Charge before the CBI Court. The CBI have produced CDs and Transcripts. MY QUES5ION IS UNDER WHAT CRIMINAL PROCEDURE CODE THE VOICE RECORDINGS CDs can be challenged?
Our case is like this There are FOUR ACCUSED IN THE CHARGESHEET. Three of the accused were arrested and the CBI had added one more accused in the charesheet. Since the CBI has not taken any sample voice ecordings of the Fourth and newly named accused the veracity of the CDs are questionable. Secondly the CBI has not traqnslated the entire voice recordings only a part of it has been tranlated and produced in the transcript.

1. Veracity of the CDS since the newly accused voice has not been identified.since he was the person who demanded and orchesrated the bribe
2. lot of portions in the cds and transcription are missing
if the exoerts can tell me under what section the veracity of the cds can be challenged in court. since the judge has pointed out that under which section

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M.Sheik Mohammed Ali (Expert) 03 June 2011
actually indian evidence act 45, and information technology act,.

PARTHA P BORBORA (Expert) 03 June 2011
There is only one criminal procedure code in India and that is The Core of Criminal procedure. All criminal proceedings are conducted as per Cr.P.C, except any spacific Act spacifically provide any other procedure for that particular Act.
Any way, pl. go through the Section 45 of Indian evidence Act, you will find your answer.
Moreover, to prove the voice recorded in a CD, a forensic test is a must. if the voice is not recognised by a forensic expart, it can not be accepted as Evidence by a Court of Law.

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