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BatteredMan (Software Engineer)     18 August 2014

Call recording as evidence ? sim card under friends name

Background in Brief : I am expecting some False Cases on Me by my Ex-Girlfriend and Her Father ,I tried to break up withe last June 2013 - I broke up with her last November 2013 due to constant Verbal and Emotional Abuse.Physical abuses on several instances.This July She Started trying to get back which i refused. She Tried all means now Her Father (Lawyer) is in picture Who threatened me with False 498A and Various other sections including 420 , s*xual harassment. I feel even they will stoop down to the level of false rape case too.

My Question Is : I have recorded a month worth of calls from the girl and her father where they abused me verbally. but the problem is after break up ,just to stay away from her constant harassment , i asked my friend to get me a mobile number on his name . "The Above Said Recorded Calls " are recorded in this number.

Now can it be used a evidence in court to defend me? Will it add any weight ?

I request the Legal Experts Here to Kindly help me regarding this. Any help is highly appreciated.

- A Battered Man 

 

 



Learning

 12 Replies

LoneFighter (IT)     18 August 2014

Yes. ... they do.. make sure.. they are not moved to any other new mobile. You are clever that you recorded all the conversations. My friend fall prey to a girl who framed him in this kind of charges, he dont even have any chats of her, but she has chats, mails recording etc.. and now put up a false case against him.. please pm me.. we r on same boat...

BatteredMan (Software Engineer)     18 August 2014

Thanks for your reply, 

1. The Evidence is Still accepted even if it recorded in a SIM number  that;s not in my name?

2."make sure.. they are not moved to any other new mobile" --> Please Explain me what exactly you mean by that.

3."The Mobile phone is auto recording" . So it has all the recordings even the calls i spoke with my friends and My Fiance (the whole issue came up when they came to knew i am going to get married)

Can other calls be deleted ? retaining only the calls between me and the girl and her father ?

LoneFighter (IT)     18 August 2014

Under the evidence act electronic evidence can be submitted, but it has to be submitted in the same device on which it is recorded, or else there is every chance of authenticity being questioned. ..like they can say that it has been tampered etc.. 

AS   18 August 2014

Try to get the age proof from girl from School (if she is aove 18 specially) , generally while laughing FIR police try to show that Girl is under 18. by mentioning the wrong DOB . What is your DOB and your X.GF DOB?

Bro - Simple Bring a new phone for your friend and request your friend to handover that phone which has a voice conversation to you , Keep it in at a very safe place ,forget the sim connection on who so ever name it is hardly matter.You just need that memory card + phone.

If you have any other evidence , Like you have purchased gift by swipping credit/debit  card for her on birthday etc etc . Take a printout of such things and keep it at safe place.

You must have a very good SMS/Call conversations with her, Keep them safe infact try to printout the bills of such things and keep them safe.

if she file 376-Rape charges on you and  at time she was raped she is below 18 you are in trouble and if you are below 18 at the time offence mentioned that is good for you.

You really need to  have a good lawyer , Inform your parents about it. I have 3 very good Criminal lawyer in Ambala  (Haryana) side , if your case if from Ambala(haryana) side let me know. 

 

Now "Can other calls be deleted ? retaining only the calls between me and the girl and her father ?" ---- Yes that can be done not a problem.

2."make sure.. they are not moved to any other new mobile"--- It mean yon need to preserve the orignal media orignal phone and orignal memory card.

 

BatteredMan (Software Engineer)     18 August 2014

@AS Thank you so much

We Are Both Above the age of 18 . She is 26 and I am 27. 

"If you have any other evidence , Like you have purchased gift by swipping credit/debit  card for her on birthday etc etc . Take a printout of such things and keep it at safe place." -- > 

Yes I can get them as we all from bank account statements and credit card statements. That Will also show that we book into a "hotel together " I am not denying this . 

The whole thing here I fear is her father will file a false  rape case under "consent under the promise of marriage"   --> I clearly had intentions of marrying her  , but after she started abusing me i backed off from the relationship  --- > "How this case will be handled"

AS   18 August 2014

Hi Harsh , 

No one can stop her from filling 376 Rape Case and trust me you will be in trouble if she file a false Rape case. 

See collecting evidences is to safe you and make your side case stronger . 

consent under the promise of marriage" ...See all depends what she mention in FIR and what will come in chargesheet. 

Getting a bail 376 is a very tough Job , i will say i am not wrong if i say there is no bail in 376. So mentally be prepared .If you can sort-out this issue Amicabely that is best for you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2014

Why such a fear psychosis?

 

Keep the recordings safe. Rest of the things would take care of themselves when the case proceeds.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Biswanath Roy (Advocate)     19 August 2014

Do not  be afraid of. Let the thing happened and then think about your legal steps for defense.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 August 2014

Please make a Diary in both your and her jurisdiction immediately with all circumstantial evidences.

 

Electronic evidence is also valid evidence as per Indian Evidence Act 1872.

1 Like

BatteredMan (Software Engineer)     20 August 2014

Thanks for your Replies @Shonee ,Roy, Rocky .

I have other questions which i will raise in a separate topics.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

I would not make any unnecessary police dairy and provoke them in taking any actions.

 

Pls post your queries; contributors try their best to answer your queries.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

T. Kalaiselvan, Advocate (Advocate)     23 August 2014

The call recordings may be secured for the present which may be used as a valued evidence if at all she files a false case and it comes for trial.  The question is not that her father is a lawyer hence you have to worry about the issue, you engage a better lawyer and challenge the case, also why do you worry about a thing which is actually not present now, let it come, plan things accordingly and challenge the same appropriately.


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