how to proove criminal conspiracy
B@75BHAIBABU
(Querist) 07 June 2010
This query is : Resolved
sir
after i filed divorce suit my wife and her parents in mobile used to vituperate nast words regarding my mother and sisterand after that they used to cut the connection.out of anger when i retaliated they recorded all my filthy words.not only that their parents came to our home after divorce suit was filed with
recordplayer.and said abusive languages to my mother.in return i asked them to get out of house.one day after first hearing of my divorce suit they filed 498a against us and submitted recorded cd in which my abusive words which i said in retaliation to attack on my mothers character has been submitted.we have never demanded dowry .my wife is a psychiatric patient which was suppressed before marriage.will those recordings turn against me in court?what i said was few abusive words to my wife and to get out of my house.isnot this a criminal conspiracy?how can i proove it.please help me
Devajyoti Barman
(Expert) 07 June 2010
In which stage is your case? Mere utterances of words asking them to get out of your house can not surely establish criminal conspiracy. In any case it would be difficult to prove that incident. The filthy languages you are talking about was made in response of provocation and once they would try to highlight those words surely their provocation would also come out. Moreover it is very cumbersome to prove recorded voice.
Guest
(Expert) 07 June 2010
I do agree with my learned senior friend Mr Devajyoti ji. I would like to add some judgments on admissibility, nature and value of tape recorded conversation...
Tape Recorded Conversation - Admissibility, Nature & Value
Conditions Of Admissibility:
The tape recorded conversation can be erased with ease by subsequent recording and insertion could be superimposed. However, this factor would have a bearing on the weight to be attached to the evidence and not on its admissibility. Ultimately, if in a particular case, there is a well grounded suspicion not even say proof, that the tape recording has been tampered with that would be a good ground for the court to discount wholly its evidentiary value as in Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.
b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.
d) The statement must be relevant according to the rules of Evidence Act.
e) The recorded cassette must be carefully sealed and kept in safe or official custody.
f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.
Identification Of Voice:
As regards the identification of the taped voice, proper identification of such voice is a sine qua non for the use of such tape recording, therefore, the time and place and accuracy of the recording must be proved by a competent witness and the voices must be properly identified. [(See: Yusufalli Esmail Nagree) (Supra)]
B@75BHAIBABU
(Querist) 08 June 2010
thankyou devojyoti ji raj ji and ajitabh ji for rendering help.we are preparing for anticipatory bail in response to 498 a case being filed by my wife.as far as i remember the filthy words that i uttered was to get out of my house to her parents as they launched attack on character of my mother.and on few ocassions while quarreling with my wife said that her father is a ass and it was she who has bad character, not my mother.they have recorded it and it was all preplanned as after provoking me they were recording it.i have in my support all relatives who had heard their provoking words against my mother and sister.they may try to show that i have mentally tortured her.how can i counter it.she has sent a derogatory sms to me regarding my sister.i have given her 1.5 lakh by account transfer.they started recording after i filed divorce suit on 16/3/2010.and filed 498a on 30/5/2010.she is a psychiatric patient and i have prescription of that.i had sent sms to her in which ihad written that since i want divorce she may take her almirah and dressing table from my house.only negetive point is that out of anger iabused her and her parents and said that she had bad character.sir,what counter steps should i take regarding recording.shal i straightforward deny that its not my voice or say that it has been tampered.or say that ihave said out of provocation..please suggest me.
bratin
earlier posting 7 june
