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vas1084 (accountant)     05 September 2016

How to present screenshots of smses as evidence for 304b

Dear Experts,

I have a 304B case against me. The chargesheet was filed in Feb 2015 (incident occurred in Sep 14) and so far the trial has not even started. I had preserved my phone which had smses from my late wife and wanted to use it as evidence against all the lies in the chargesheet. To my bad luck, it got stolen from my house by people who had come to paint my house. I went to the Police and was able to recover the phone instrument but since the phone was reset, all the messages are now gone. I tried to do data recovery from the instrument and also tried to take download from i-cloud back-up but the messages were simply not there.

I feel so bad. I had take pictures of those smses in my phone and now, I have only those pictures. How can I present these images to the court as valid evidences? Is there any certification agency that can help me. My lawyer is clueless on this and unfortunately some other advocates who I spoke to did not provide any useful ideas.

Please help.

Vas



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 September 2016

Sir, 

 

Its very much admissible. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

ADVOCATE NITIN KAPOOR (Advocate)     05 September 2016

Sir, 

In accordance with Section 63 and 65 of Evidence Act, those screentshots are admissible in the court of law as secondary evidence. [Reference may be made to Anvar v. P.V basheer judment of Hon'ble supreme court of India]. The procedure has to be adopted as prescribed in Section 65 B of evidence Act.

Regards,

Advocate Nitin Kapoor

Mob: 8800692624.

1 Like

(Guest)
Useful judgement.useful information

Nitish Banka (lawyer)     06 September 2016

Admissible with s 65B certificate.

Adv. Nitish Banka

9891549997

P. Venu (Advocate)     06 September 2016

In a crimnal proceeding, it is for the prosecution/complainant to prove the allegations beyond reasonable doubt. The evidence from  the accused is necessary in exceptional cases.

vas1084 (accountant)     06 September 2016

Thank You Experts.

This was helpful and reassuring.

Regards,

Vas.


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