LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjeev pawar (service)     01 November 2012

If evidence found tampered, can it still be used as referenc

Hi all,

wanted to know, i have a video with audio, where my wife is seen refusing to stay with me, and i am seen pacifying her and trying to hold her back, but she is adamant to live and goes away from my house. ihave recorded all these actions of hers on video.

my hard disk crashed, due to which i got the video recovered from a software company, now according the law of evidence, this video can be proved to be tampered by forensic experts as it is recovered using a recovery software, but , can i use it just as a reference tool, can the judge draw inference from the video, even if it is technically found tampered, i mean, i just want the judge to draw inference form the video, even if he technically discards it, is this possible, ld members pls advice



Learning

 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2012

Try using it, if the other party doesnot object, it would sail through.

 

And it is not necessary the judge who took evidence would decide your case finally. So don't bank on it.

1 Like

Rahul Kapoor (Legal Enthusiast)     02 November 2012

It will be cross checked with independent evidence.

Chetan Joshi (Advisory/Advocacy)     02 November 2012

Mr. Kapoor is right....

 

I dont think it should effect the admissibility....It may be considered as secondary evidence...

 

Try your luck...

 

Chetan.7679@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register