Evidance of video by spy cam
Rohit_talukdar
(Querist) 21 July 2014
This query is : Resolved
Dear Experts,
As stated earlier one of my friend "X" is charged with us 376/417. As per complain the incident happened in February'2012. Now one friend of victim girl named as sushmita (name changed) contacted my friend "X". Sushmita is also friend of "X" through VG and sushmita told my friend that
i) VG already had long affair (for 10 years upto 2013) with some other boy named Raja (name changed).
ii)"X" asked her that how did she knew about the fact. Sushmita told that she new Raja very well. Also Raja always talk with Sushmita and whatever happened between Raja & VG, VG always told to Sushmita.
iii) Also VG has illicit relationship (everything except intercourse) with one married man who was VG's school friend.
iv) Again "X" asked about the authenticity. Sushmita replied one incident was happened in front of her.
v) Sushmita is very friend with VG from childhood. VG is sushmita's neighborhood.
vi)Sushmita also told that she had not given any statement (us 161) before police against "x". But Police made false us-161 statement and made her on of the prime witness.
vii) sushmita also told that both VG & VG's mother are money hungry that's why they asked for 15 lacs rupees to withdraw the case.
viii) Sushmita also told that from the beginning whenever VG met "X" she always was with VG. There was no boyfriend & girlfriend relationship and there was no commitment of love.
ix) As stated by Sushmita "VG fabricated this complain only to marry my friend as my friend is well educated person & an enginner but her actual lover is poor and will not be able to fulfill VG's demand".
x) Above statement also confessed by VG to sushmita.
Now the above conversation is video recorded by my friend "x". "X" is asking me whether this video can be put as a evidence against VG's complain before court during trial?
Please suggest
Whether above video will be considered for acquittal?
ajay sethi
(Expert) 21 July 2014
video evidence is admissible in court
Rohit_talukdar
(Querist) 21 July 2014
Dear Mr. Ajay Sethi
In the below thread you have said that video recording spy camera is an offense. If that so...then how my friend can produce this evidence in front of court.
http://www.lawyersclubindia.com/experts/Electronic-record-evidence-admissibility-procedure-227731.asp
What type of question will arise regarding this evidence after submission at court?..
so that my friend can prepare accordingly..
ajay sethi
(Expert) 21 July 2014
Audio-Video recoprding is admissible as evidence if the following essentials are fulfilled.
1. The conversation should be relevant to the facts of the case.
2. There should be no possibility of tampering with the recorded conversation.
3. The voice of the speaker should be clearly identifiable.
4. The conversation should be audible and not distorted or damaged by background .
ajay sethi
(Expert) 21 July 2014
It may be noted that there is no dispute to the proposition that audio or video recording is admissible in evidence. However, to prove a statement recorded on the tape recorder or video recording, the prosecution has to prove that there is no tampering with the recorded version, the voice matches with that of the deceased. However, these issues are to be looked into during the trial.
Rohit_talukdar
(Querist) 21 July 2014
Thanx mr. Ajay Sethi....Because of people like you and all other member of this forum we are getting out of the dark side of the legal battles.
Thanx again....
ajay sethi
(Expert) 21 July 2014
thanks for your appreciation
Raj Kumar Makkad
(Expert) 21 July 2014
There is no reason to differ with the advice of Ajay Sethi.
