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help_divorce (SC)     29 July 2011

Voice recording as evidence

How to present voice recording as evidence in court? The case is related to divorce/RCR and 498


 15 Replies

pratik (self working)     29 July 2011

Voice recording is evidence but the voice should be every much clear & there are many case law on it .

adv. rajeev ( rajoo ) (practicing advocate)     29 July 2011

You will have to produce before the court.


You will have to produce the recordings and will have to keep the orginal chip on which recording was done, and device through which it was recorded ready for proeduction to the court.

Vicky (-)     29 July 2011

if someone with the mobile phone voice recordings.. also with chip.. but not the mobile phone.. which is used to record... and those recordings are more than 1.5 years old...

In this case how to prove?

Vicky (-)     29 July 2011

In above post I mean "mobile phone conversations" while I say... mobile phone voice recordings... please advice...


Within decree of law and transmission of permissible recording the girl is openly sharing the telephone recordings. Do come and hear it with your own ears  with signed copies of all documents to prove the case.


Mobile was stolen on one day, 42 minutes after stealing she called two boys and flirted with them.  All the phones were duly traced with the mobile number called, time of the call and duration of each call. After losing the phone the girl had informed the service provider and lodged a complaint of the theft, but Bhakti was unaware and calling all her contacts. Usually its difficult to track phones but in this case , the girl was using the same SIM unwisely.


Next day when SIM was blocked by the service provider for making calls, in steep reaction Bhakti called girl’s mom and went on and on about the importance of a mobile phone. Moreover she said that the girl is totally negligent in caring about her things. Other girls keep mobiles safe in their bags but she treats it like trash. Each of the word is clearly there from Bhakti Naidu’s mouth can be heard in the recording. (Bhakti came the given year from some other college to Indira to complete BCA due to academic issues there, she had backlogs in all semesters )


So was Bhakti suffering from amnesia, when the girl is little reckless? The day she stole mobile she talked to her contacts while next day when SIM provider stops service, in reaction she calls to check at six in the morning to the girl’s mom for clever blame diversion.  



In the epic call where Bhaki threatened these words are clearly recorded.


“Mere papa ka na dimaak kiskaa hua hai . agar unhe koi sanak lag jayee toh kisi bhi had tak gir sakte hain. Main kisi ki koi cheez ghar pe dabaa ke rakh bhi loon , toh mere papa mujhe itna mante hain ki woh mujhe kuch nahin kahenge.”” Bhakti Naidu


“Hum log alag hai. Mere papa ke deccan mein bahut gunde hain. Raat mein khub drinking ... daru chalti hai. Tu mobile ke bare me mat soch . exam ke liye padh.” Bhakti Naidu


“mere papa ki pune university mein bahut chalti hai. Chote log toh kam pe lagwane ke liye unke aage piche ghumte rehte hain”- Bhakti Naidu


“Haan main mobile liya tha. Tuh toh meri Pankaj ke saath problem jaanti hain” -Bhakti Naidu


She clearly said on the phone that her father is a “lunatic”, “unprincipled” , “ drunkard “. Can you expect friendship or any honesty from a person who does not respect her father who brought her up with so much love and care.  And which sector is “chote log”, aren’t we all equal.


In another clear recording Bhakti’s mom asked for the police papers. Yes they do have complete right over the criminal charges filed and proved against a person who also created panic by threatening.


Bhakti’s mother  said “Aji Rs 3000 ka toh mobile hai . Aap itna kya kar raheho” Now the price of the girl's dad mobile  perchance has depreciated to Rs 1000. Why did she threaten after stealing?


Don’t consider the hearsay but the proofs signed by Bhakti and stamped by police dept. One media broadcast is sufficient for the mass effect sting action. We can have a recording replay with the said people in presence.


There is on thing strange about Bhakti’s citation in Bhakti Naidu's criminal proceedings . She always said that two guys were more than friends with her. One was broke and hideous while the other was good looking, well-off... in all her friends conceitedly. This was her darling discussion topic in her friends where another guy was trying hard to strike her in her already set love story. In the police recordings the guy whom she always considered a pushy follower, sided her in the conversation.Better arbitrator of people is not their division but the help they extend.


The other day someone told me your liberty cease where liberty of other person begins. Does it imply that all wrong doers must wander freely while the all the women and children must be put in walls. This is no social justice.


06/08/2011 23:01:41

When you do wrong you must admit your mistake gracefully rather than threatening. World will be a better place to live with more apologies and appreciations.

Jatin Arunachalam (High Court Advocate)     13 August 2011

I went through the entire thread with legal corollaries of the cases.

The ruling by high court senior Srikant More in the famous Bhakti Naidu case from BCA ,Indira College , Pune- that mobile was worth only Rs 1000 still a complaint was launched while bhakti did not register any complaint when her boyfriend cheated her-------- is so riotous. Here the law saw the worst form of legal diversion form of legal "diversion"------ from the focus to price-------- ever in the books of regulations. Which led to a series of counter replies from social workers, lawmakers, media and even newspaper journalists. I personally know some of them. When you steal a mobile its valuable as you dont have it, later when its asked back when youy get caught it becomes a " Aji Rs 3000 " thing, when lawyers jump into bandwagon its price further depreciates to Rs 1000. If this is the legal scenario then I would shamelessly steal a Rs 3000 thing daily until get caught and still proven innocent, as quoted by Mr More ------ As it is only Rs 3000------ Pardon me-----Only Rs 1000 thing.


I am no-nonsense legal representative with no apetite for any junk given to me without subtantiates. I am least likely to advocate on personal equations , or a person with any prejudice or partiality. Its evident that Bhakti borrowed clothes and accessories on regular basis from her friend. But the most astounding part is -----------She stole the mobile of the same friend without any hesitation or shame-----------------------Do affable book worms make soft target for shrewd distribution of people???????????The year she shifted to new college she stole the mobile. Same year she attented college party owing. We have a statement to prove here in the irony.


Dearest lawyers. Benevolently keep aside the legal judiciary and the law. Bring in an uncomplicated quality called human compassion. Bhakti is not a child, but a mature adult who is in misery of a disorder called narcissism. She would bend, twist, divert, deviate, the case to anywhere and anyone ( as resorting to married woman's case) to get an egotistical mileage. We lawyers always comprehend the case & deviations in the sucessions. A girl wedged a formal complaint with the police that she is being stalked, beleagured and ransacked around 10 months back . Still the case is being thrown as a child correctional learning paranoma for Bhakti Naidu. Time series is very important to comprehend the twirls of the case. Was she even scolded or shouted at, it was the other way around.


Quoting disruption in the thread ---Nikhil Pant-----The married woman claimed much later that her husband is and has been stalking this girl where the girl is unaware------Are we seeking any diversions in a lawyers forum where everything has to be substantiated---when there are all clear references , the other persons and situations (including the married woman's audio recordings bmp ). When everything shouts that girl was being stalked. The woman could be an attempt to disgress, henceforth divert from the perpetrator hereto. As the girl was also getting free gifts such as tee shirts, pens, letters of physical attractiveness admiration in middle of stalking & ransackings. -----Love only happens after two people know each other or atleast have met once----Attempts to divert from the main issue... As per Indian panel code of justice stalking and ransacking is a grim solemn crime which affects a person adversly. If an outgoing person becomes more introvert, its a further social crime. Serious action has to be taken.


OK.....Lawyers------ she stole a mobile--- no big deal---------- But Bhakti Naidu's remarkable idea to call next morning a day after stealing the mobile to "enquire" is no childish self defence but an attempt to cover herself---HERE the catch is when she called 2 men (I dare not call them boys as its no juvenille case) minutes after stealing------then next day in the vein of an skilled lawyer she called girl's mother to prove that girl is so caresless ans inept in handling things, hence lost it in herv slackness. A compulsive liar with amnesis (Quoting Rasmi Gargotia) Do we take crap about police chaeting her.


Her gloomy life with academic failures , inability to cope with classmates, faculty, friends or a series of broken relationship was not a product of the society (Quoting Geoff) but a circle of Karma. Lawyers and social workers must take a cue from the statement. Grapes are sour when you cannot reach them , for others its toil of sincerity, determination, work--- people are not ghastly.


Usually people who are threatened resort to hiding things, but no one lies to class mates or leave alone a boyfriend of many years whom she though she loved and tried to grasp him lying about her campus placement in Symantec when she was strugging to pass in basic subjects---as he was drifting away--- Its not about society --- its about an individual who has to measure up with everyone. She can strut around in anthing or nothing as its personal prerogative, every girl is entitled to her choices but manners are more imporatant.


The bizzare pride with which she admitted crime is remarkable-----The statemnt by Vinayak is a big joke to me----All the glamour industry people work hard for making their lives----So excuse me ---even the item girl tag is not qualified for her , as you require professionalism with enthusiasm for any career.




So all the people on the legal bench for Bhakti---- are the CHOTA LOG ----- as per own "belief glossary"-----while all those who helped her when she required it are fools-----threof within the diktat of law. There is no place for friends with benefits type mentality--- DO PEOPLE OR OPINIONS MATTER TO YOU WHEN YOU CANNOT RESPECT YOUR PARENTS---LEAVE ALONE FAMILY----there is no liberty for mental blocks.

 I am avalailable for legal discussions   





The aim is to be graceful, polite yet assertive with your point of view with evidences. Do not indulge in dirt calling as lawyers do in grave court cases. We social workers do understand humanity, decency better while discussing the case. Where there is no respect or tolerance, we cannot expect justice but a fight brawl. If a person is given an opportunity to become a better person, then its no juvenile correction but an equal prospect to become a successful person. Posted by

Alka Waghmare


13/08/2011 20:51:15


Dear Jatin I am really amazed at the sudden annoyed reply at all the people in the forum. When it was a discussion about social work and a mobile stealing case. The source of inputs from where you get the analysis about the case could be a common data sharing point such as a friend of the person or some open group , and I dont deny the verifability. But quoting Vinayak and Rasmi who are good contributor was wrong. I respect that you are quite senior and you dont agree with another senior court personnel but kindly be courteous while interacting with women and other senior members on the forum. Do not humilate the female friends on the lawyers club along with the defendant, as everyone is entitled to their own voices. Kindly do not mingle & mash all the unecessary posts attacking contributors. while the language & flow seems bit offbeat.






Other students and social workers may try hard to supress or deviate from the real cause of corruption. If students of Indira College of Commerce can testify and prove that not only Papers are stolen days before examination but also students are threatened.



The children of University employees cheat with books in the exams. India's planning commision must take a hint from this.


We have many sets in Pune University examination paper. This time perhaps Bhakti Naidu (Indira College of Commerce daughter of medical officer in examination department , Pune University) could not get the right set when telling the paper in advance.


"Mere papa ki bahut chalti hai pune university mein"   


Perhaps some chota log helped him to sneak the paper. All concept of education goes down the drain with Examination Paper Leak. Recordings are very crucial to Indian RTI Death of education system.


We are least interested in the symtoms such as Java, Symantec, Single Child, Teacher lost the project, chote logs, or whatever lies the girl Bhakti Naidu told, we are more interested in the threats and conversations in which Bhakti was telling everyone that her father has managed to get Java examination paper (Pune University , 2008) in advance a night before the exam, which sent shock waves among all students.


Ransackings happened at the girl's place because she knew too much. About six months back she registered a police complaint . Timeline in crucial to comprehend .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 September 2011



I am unable to notice where the discussion is going, answering the original query only.


How to produce recordings.


Step 1: Make the transcriptt of all conversations


Step 2: Present them in court with a CD/ Cassette alongwith the Original Media on which the same was recorded for inspection. (If it's CD. file an affidavit for sec 65B of IEA)


If  the other party doesnot object, it would be admitted.

If the other party either objects, then request for forensic test with voice samples.


Thereafter wait for forensic report




Shonee Kapoor


PS: Lawyer would have to work uphill in this case to get it admitted. Can be better advised with concerned HC guidelines, in case the place is known.



 I agree with Shonee

BhaktI could be the finest socialite or the party cheese feisty girl, but studies are also crucial. We have CET for sieving regular students while for others we have internal referral only for the competent students.  But I was not aware about a University Employee Quota where students can get into any year or any semester through some insider godfather.  Studies are more important than frivolous affairs, parties and everything else.  Medical Officers or Examination Department Officers get better prospects in university for their students. All the student make it through hard work, entrance examination and studies.   



For disabled or handicapped students we do have exceptional examination dispensation but no paper disclosure, on what grounds did Bhakti Naidu managed examination papers in advance. Passing in basic subjects is not so difficult, she must be having some proscribed problems which were affecting her studies and careers. Cheating or copying with books is still big no for all students in any college.

Mobile stealing is not big deal. Agreed.  But then what led to threat of suicide or self harm to the accusers . We are really interested to know about the recordings where she threatened shamelessly, where she declared about having examination paper leak.  University examination papers have different sets which are shuffled throughout the colleges.  Integrity lies in facing the suffering than preparing in advance  by wrong means.   

You cannot buy friends with lure of examination papers, clutch a boyfriend  (Mean girl movies quote ) by declaring fake campus placement in Symantec  (before you pass ),  tame the media or world wide web trying to tell counterfeit stories of your father’s muscle power where people helping you become chota logs later. Don’t divide us into sectional politics or labour woes.

These evidences & recordings have to reach as many people as possible in Pune









I think about my daugher's little daughter, when she will grow up & leave the nest for her career. I love her more than my daughter, I want her to be safe wherever she goes.

Begining to intrude or interfere in any other person's life- known or unknown- is a obvious punishable crime which is subjected to legal course of action. When a person goes to home after completing her ten hours jobs, only to find her home ransacked daily for a period so long , or stalked to everywhere, it becomes a serious crime. The idea of being stalked or subjected to constant monitoring is against human rights & is punishable by law. We have same rights & laws for everyone in India across all workplaces & states. Stalking is covered by Indian panel code of justice, its punishable. All these are indirect means of harassing a person when she is not present or unaware.


The people with integrity must know to face the girl or fight than intrude like a thief. Regarding the married woman, I understand a married woman can go to any extent to save her marriage but no one can stoop so low. If any man can follow any uknown random woman whom he never met or talked a word, then it would happen with other girls around him sooner. She clearly mentioned about some mental problem which her husband is facing. Nothing can be done about it. The girls who are his friends, or colleagues will be easier target later on. All those who support, encourage or permit such people who are capable of intruding or stalking a random unknown girl (who does not know or talked a word to the person in question) to anywhere, must know that tomorow it would there daugters, sisters, wives or girlfriends who could be stalked by totally unknown people without names, adresss or even gender. What leds to so much interest to find about other person everytime . I would advise my daughter to change her residence or job where there are such insensitive people everytime. It was too much attraction towards the girl. Not love. No way. Grow up kids. Its a crime, punishable no matter wherever you are in India or world. Apology to the person in public, & having integrity to do it, is almost negligible these days . Character comes from family & values.


Quoting Alka " Your freedom ends where freedom of other person begins" is a social debacle applied to all the girls in the society. The people must have guts to talk to the person directly if they have some problem with her rather than using indirect methods in her absence to harass her. When we talk about crime & punishment ,



Bhakti was forgiven from a legal punishment, after stealing, shouting & threatening in filthiest tone, the case has to be reopened easily, punishment is same for everyone irrespective of stature or whatever her father did during exams (exam paper leak) . If law can solve some problems, Indian Judiciary is strong enough. Her personal life is unimportant to all this, quoting Bhakti's depression , medical condition or proscribed sucidal threats (from her father's mouth ) will not save her from legal proceeding when they interfered in other person's life. They are are free to hire their legal representatives, lawyers or social workers to fight the case in any court of India. "Threat of suicide or mental problems is worst form of self defence after comitting a crime. Politicians resort to it- to spend some time in hospitals, then come back to escape jail term. " We all support all women, girls, or children who are our own without any partiality. We dont want any diversions in the case.

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