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victim (master)     06 September 2013

Forge photograph in court

Members

My wife in her divorce reply produced a forged photograph to show I am doing side business. Actually it is a photograph of a poster on wall advertising about my business, My name and home address and contact number is there in that advertisement. In reallity the was no such advertisement made at any point of time by me. She filed hma 24 also and HAMA 18 in some other district. How to prove that the photo is forged.

 

I want to know how court admits a photograph as proof. any sort of affidavit or any other formality is to be done befor submitting it in court. and how can we challange its authenticity.

 

regards

victim.



Learning

 5 Replies

rajiv_lodha (zz)     06 September 2013

Just deny it saying that its a fabricated photo. Resist it being made an EXHIBIT in court...........then it wil lose its importance unless proved a genuine one by the applicant.

Shantanu Wavhal (Worker)     06 September 2013

deny the genuineness of the said photo.

photographs are secondary evidence.

if denied by you, ur wife will have to examine the photographer, produce the -ves.


dont worry. its her evidence.

burdon of prooving is upon herself.

u just need to rebut.

Shantanu Wavhal (Worker)     06 September 2013

Bombay High Court

 

Sabera Begum And Ors. vs G.M. Ansari on 15 December, 1978


19. The 1st petitioner has also relied upon a photograph Exhibit 36 which is the photograph of the 1st petitioner and the 1st opponent, taken some years ago. Now this photograph has been admitted in evidence through the 1st petitioner. However, before a photograph could be admitted in evidence it is necessary that the person who took the photograph should be examined and such a person should produce the negative and no positive print or enlargement could be admitted in evidence without the negative being produced in the first instance.

20. The Bombay High Court in the case of Laxman Ganpati Khot v. Anusuyabai, had occasion to consider the same issue and their Lordships were pleased to observe :---

"It is only when the person who takes a photograph and develops it into a negative, himself comes into the box and deposes to both these facts, that a negative becomes admissible in evidence. As far as the enlarged print is concerned, the position is still worse, for no print or enlargement can be admitted in evidence without its negative being produced and proved in the manner already indicated above."

Therefore, this photograph is inadmissible in evidence for the photographer or the person who took this photograph has not been examined nor has the negative thereof been produced in evidence.

Shantanu Wavhal (Worker)     06 September 2013

in case of digital camera, the original memory card is the primary evidence.

Shantanu Wavhal (Worker)     06 September 2013

examination of photographer also includes his cross-examination - and here u can reveal his falsehood.


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