Photographers evidence
rsraghukumar
(Querist) 15 October 2012
This query is : Resolved
sir while i filed some photos along with negatives in the court. at the time of marking the photos, the other side did not object with regard to the evidence of photographer. but, at the final stage i.e at the time of filing written arguments they pointed that photographer was not called as witness. Here otherside respodent did not entered into witness box to dispute the same.
judge in judgment stated that marriage being civil in nature, the evidence of photographer is not that much useful like in the case of criminal cases. and he also pointed that the respondent did not chosen to enter into witness box to dispute the same. he also discussed in his judgment that when the plaintiff entered into witnessbox on oath and filed the photos with negatives is should have some force to consider the photos with negatives.
sir now my question is when photos along with negatives are filed in civil cases, calling photographer is dat much essential as poined in the judgment. if any citation is there without calling photographer as witness photos can be admitted as evidence.
Devajyoti Barman
(Expert) 15 October 2012
Photos with negatives need not be proved by photographer unless the same is disputed by the other side.
If it is exhibited without objection by the other side then there is irregularity in the order.
Arun Kumar Bhagat
(Expert) 10 November 2012
When the marking of exhibit is not objected, it has got evidentiary value and treated as proved. There is no need for calling photographer if the other side did not object.
V R SHROFF
(Expert) 10 November 2012
In this particular case, photos are proved.
Otherwise it is necessary to examine the photographer, to prove photo as well as his witness of the incidence.
Arun Kumar Bhagat
(Expert) 10 November 2012
Unchallenged testimony needs no further corroboration.
