evidence acceptance/denial by judge

job

This question is on behalf of my 75 year old uncle and he filed IPC 383,384,385,386,387,388,389 on greedy people that were harassing him for money. He filed this case directly in court and during CRPC 202 investigation, police threatened him on phone to withdraw the complaint. So we recorded the CD and produced in court. The judge at that time accepted the evidence and also included in the case file. Now the new judge is demanding to produce the phone from which this was recorded and he is also saying that it will be sent to forensics for futher investigation. I am not sure what to do now because the previous judge already accepted this as evidence and i am wondering if there is any guidelines on how evidence are accepted in court ? In this case the judge that got transferred already accepted the evidence and the new judge is saying that we need to produce phone from where this was recorded. There is a time lapse of 1.5 year already and not sure which judge is right ? I am telling judge that we have already furnished with what we had to and we don't need to add anything else. He is saying that he cannot proceed until this has been verified. So my uncle wrote a letter to chief justice high court saying about judge demanding to produce the phone and in resposne high court has asked lower court to forward all the case details about this matter. I am not sure what will happen next. I would sincerely appreciate any advice.

 
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Advocate,9444674980

It is purely pre rogative of the magistrate to take a call on evidence, you have little say on that, you can very well inform the court that you do  not have those details and you can carry with the case as other evidences can substantiate your claim, it is not a good idea to bank on single evidence to prove a criminal case. It can be supportive but  not determinative.

 
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job

Originally posted by : adv.raghavan
It is purely pre rogative of the magistrate to take a call on evidence, you have little say on that, you can very well inform the court that you do  not have those details and you can carry with the case as other evidences can substantiate your claim, it is not a good idea to bank on single evidence to prove a criminal case. It can be supportive but  not determinative.

 

Not proving entire criminal case based on evidence but rather the CD recording is of police that is claiming that they have met other party and spoke to them not to harass us. ....i will leave on court to decide the rest.

 
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