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amaresh   07 October 2015

Lost my original device(cell_phone) but have the call-record

helloo Sir, my wife did divorce cases with maintenance.I have some call-records happening between me & my father-in-law & wife. I have the recorded file in a CD.but few months ago i have lost my cell-phone.i did a GD in my nearest police station......Now my question is... Please sir tell me how I can produce those call-records in the court as a evidence in my side? Please expert give your advice...


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 10 Replies

anav6259   07 October 2015

Normally it will not be allowed. You need to produce the original device so as to prove that no tampering has been done with the record. You may take help of a Forensic team and produce certificate that the records are not tampered. Prepare a transcriptt of the entire recording before it is produced infront of the court.

You can refer the followingcases:

RM Malkhani (SC)

Vishal Kaushik(Raj HC)
Umesh Kumar (SC)

 

1 Like

amaresh   07 October 2015

please experts tell me, how to do all this?

(Guest)

How did you lose it?  Cort accept a only original one, not any other..  Or you can do one thing, give the CD itself as original recording.

1 Like

amaresh   08 October 2015

i have the CD, but lost my cell-phone. Tell me Experts how it is admissible before the court of law as evidence? Is it a secondary evidence?

(Guest)
Originally posted by : amaresh
i have the CD, but lost my cell-phone. Tell me Experts how it is admissible before the court of law as evidence? Is it a secondary evidence?

You record it on memory card or phone internal memory or a CD or a DVD, the authenticity of the recording can be checked through court itself if the opposite party has any objections to evidence submitted.  But if you have already mentioned in your WS as on what instrument you have a recoding of the converstaion, you should submit only that instrument.  Either ways you can submit this too as evidence and ask court to check its authenticity if opposite party objects it.

1 Like

amaresh   08 October 2015

Dear Sir, i have not yet told through my WS that i want to submit those records before the ourt. I want to showit on the Evidence day. I want them to be surprised. I want to bring out the cruel face of them before the court. But sometimes Luck is not in my side. I have lost the Original device. But still have the CD. Then sir is it feasible for me to show those records? Is the court will grant it as evidence? please sir respond...


(Guest)
Originally posted by : amaresh
Dear Sir, i have not yet told through my WS that i want to submit those records before the ourt. I want to showit on the Evidence day. I want them to be surprised. I want to bring out the cruel face of them before the court. But sometimes Luck is not in my side. I have lost the Original device. But still have the CD. Then sir is it feasible for me to show those records? Is the court will grant it as evidence? please sir respond...

Then you have to submit rejoinder after informing to opposite party lawyer that you will be submitting such during evidence stage, court wont take whatever you want to show in court whenever you want, it is court, not your fathers house where you can do whatever you want when ever you want, follow protocol.  Talk to your lawyer and file rejoinder.

1 Like

amaresh   08 October 2015

Sir thanx. an you give me some citation/judgements regarding mobile call reacords, please provide me. It may help me....


(Guest)
Originally posted by : amaresh
Sir thanx. an you give me some citation/judgements regarding mobile call reacords, please provide me. It may help me....

No citations as such.  You may simply file it.  Anyways even if you put the same judge's citatoin from some old case, he or she need not agree to it.  Citations will hardly be of any use in any case, as judges dont follow SC guidelines strictly.  Judges use their own discretion.  All the best.

anav6259   11 October 2015

Please refer the attached article which also talks about numerous citations.

 


Attached File : 329542 20151011235609 330887196 telephone tapping.pdf downloaded: 79 times

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