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Aravind Kumar Gunda (BOE)     29 December 2017

What to do if cctv footage evidence tampered?

I was an employee in a company and worked for three years. One day my boss and me had an argument due to conflict of interest, he asked me to leave the company then and there, I said OK I am leaving the company right now, but my boss friend interfered in my matter and showed his body language and was threatening me to leave the office. I told to my boss friend to mind his own business, then my boss came behind me and did hold my neck strongly and pressed, I suffered with severe pain in my neck. The incident was happened infront of staff and there were CC cameras in the office. I filed a police case on my boss and his friend for physical assault and threat. The case was registered as a Medical Legal Case under IPC Sec 323 and 506. When I went for treatment at government hospital based on MLC, the medical report was NIL because I was taken E-ray by doctor. After that I got treated in a private hospital and underwent for MRI scanning, the MRI report has come up with nerves compressions in my neck.  I clearly mentioned in the police complaint that there were CC cameras at offence scene. But the police did not recover CCTV footage from the offence place, instead said to me first time that there was no DVR and said to me second time that the hard disk was not in working condition. I realized the investigation got corrupted, my boss managed with police in order not to come out CCTV footage. CCTV footage is only my main and strong evidence to prove my case in the court. The police prepared charged sheet and submitted in the court already. what I will have to do to prove my case? I am 100% sure that CCTV footage evidence got tampered. How I should explain to the magistrate requesting for recovery of CCTV footage? Please give me a valuable advice, it would be highly appreciated. Thanking you.



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 8 Replies

G.L.N. Prasad (Retired employee.)     29 December 2017

Just file this grievane on line to SP and request him to confiscate the hard disk in the interest of justice  and send to forensic lab to know the tampering, and there are still devises to retrieve images from such hard disk even it is earased and also request him to find as to exact date of such non functioning of the CCTV.  What about Eye witness.

Aravind Kumar Gunda (BOE)     29 December 2017

Thank you for your response Sir.

Its been above 9 months the incident happened. I haven't seen what exactly stated in the charge sheet by the Investigating officer. When I requested for my copy of case documents, the IO said to me to collect them from the court. I am going to collect docs very soon. Based on the information I see in the charge sheet and If I found that there is no information regarding CCTV footage in the charge sheet then as you suggested I will approach SP or Commissioner of that Police station zone and give a complaint on Investigating officer for intentionally non performance of the Investigation.

Coming to Eye witness, there were two eye witnesses who are my colleagues gave a oral statement over phone when Investigating officer spoke to them over phone but my boss terminated them too from their jobs after giving eye witness against him. Now my colleagues haven't been in contact with me, I guess they are scared to come forward to give eye witness in the court. And other staff were present during the time of incident but my boss corrupted them too and Investigating officer did not take necessary steps to record the statements of the staff during the time of investigation (There was no statements recorded by IO of the staff)

Please let me know, Can I before trial or during the time of trial request the magistrate to call for IO and to reinvestigate the matter regarding CCTV footage or request the magistrate to issue order to other police officials to reinvestigate the matter to CCTV footage information?

As per the police my case has become a non-cognizance case, but I have been suggested by few of my well wisher that under Cr.P.C 190 Sec still I can give my cognizance to the magistrate before trial or during the time of trial? Please suggest me what are the necessary steps I should take now. Thanking you.

 

Aravind Kumar Gunda (BOE)     29 December 2017

Hi Ramesh sir,

Thank you for your response.

What does it mean a Summon Case? and why its not necessary to admit CCTV footage as evidence? if so how could I prove my case or Accused guilty? Please give me valuable suggestion. Thanking you.

 

P. Venu (Advocate)     29 December 2017

CCTV footage has much constraints and limitation as evidece. What matters is evidence from credible witnesses.

Kumar Doab (FIN)     30 December 2017

The case is in court. Your own counsel must have advised that he/she can request court to provide CCTV footage with audio.

Your own counsel must be able to point out botched up investigation/inquiry.

In future avoid altercations in the heat of moment.

 Instead build rapport with colleagues and Employee’s/trade unions and keep witnesses.

Use your own devise also to record irrefutable evidences.


(Guest)

Recordings are stored in the HDD. Even if the CCTV footage has been deleted, it can be recovered if it is stored in the hard disk drive (HDD). As the charge sheet is final, that area is not to be worriable.

File an urgent application (UA) before the High Court mentioning that the footage is one crucial evidence to prove your innocence. Eg: If your case is pending before Delhi High Court, download the UA form from the court website's forms & submit to the Registrar.

If you have reason to believe that the police official handling your case may be influenced by your employer, mention the same to the Court. Ask that he be transferred to allow an impartial probe to happen.

Regards your issue of employer firing the employees, you need not worry. Supreme Court judgements recognize the legality of audio-video conferencing. Your witnesses may testify through AV methods, if they are scared of attending court.

You mentioned that your MRI reports showed nerve compressions. Through your counsel, sunmit the same as annexures to the court. They are recognized as documentary evidence. If you feel that the footage does not show NCs, go to another hospital & get yourself x-rayed.

As this appears to be more a private offense by your employer against you, file an application under Sec. 190 CrPC before the Magistrate.

For other queries, you may contact me with case particulars at: basu_kunal@hotmail.com. As your counsel, I will be more than pleased to help you out.

Regards

Advocate Kaybee

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1 Like

Kumar Doab (FIN)     02 January 2018

You can benefit from the inputs in this thread.

In future instead of acting in heat of moment/spur of moment/emotional outbursts…………….act with cool mind and generate irrefutable evidence.

 

Kumar Doab (FIN)     03 January 2018

If the evidence is tampered, destroyed then IT must not be against you.

Let the facts be put up before court, properly.

Let your lawyer convince the court.


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