Cheating case-can a voice recording be accepted as evidence
Vicky Raj
(Querist) 26 February 2012
This query is : Resolved
One of my friend cheated me.He borrowed money from me & was not repaying it and lost contact,One day I caught hold of him, he had a bike , when i asked for money , he gave me that bike as security & till he repays back.He said bike was one oh his realtives & gave a RC book.After few days,as i suspected him,i recorded this same conversation with him where he clearly said that the bike belongs to his relative.Few days back police called me up & said my frined is a bike stealer and its a stoled bike.
AS i am involved in this, the recorded covnversation which i had with my friend can be accepted as an evidence in the court.
Please advised further how to go about it.
Raj Kumar Makkad
(Expert) 26 February 2012
Though the recorded conversation may be admissible but this is the weakest piece of evidence as there are various questions which seek reply from you hence you should make other defence for you rather believing upon this simple and sole ground.
Vicky Raj
(Querist) 26 February 2012
Thank you reply Raj Sir, There are other people whom he cheated, who are my frineds.
He did the same thing with them too.And also there are people who are aware that he borrowed money and the bike issue. So can i take them as an evidence? Waiting for your reply.
Raj Kumar Makkad
(Expert) 26 February 2012
You should file a FIR against him under section 420 IPC inserting all the contents of your story and should implead some of those persons as witnesses.
If police refuses to lodge FIR then you file a criminal complaint under section 156 (3) of criminal procedure code.
Shantilal Pandya
(Expert) 26 February 2012
Defence of true story should be taken up. your oral evidence cannot be said to be week evidence remember that even in a trial of 302 Ipc an accused can be convicted on oral evidence of a single witness , question is only of reliability of the evidence tendered and nothing more , court can accept evidence if it is found to be reliable and trust worthy, why should you underrate your reliability ? never think of resorting to false story , you have also a corroborative piece of evidence in the form of tape recorded conversation in support of your defense !
Adv.R.P.Chugh
(Expert) 26 February 2012
Do as advised by Mr.Makkad sir, an FIR of 420 from your side would greatly help you - fight any possible 411 (recieving stolen property) case
Shonee Kapoor
(Expert) 26 February 2012
I agree with expert opinion provided.
However, I would add seek AB asap.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shantilal Pandya
(Expert) 27 February 2012
With Respects to all
Resorting to filing FIR would help you , but based only on the factual story you have faced
Mr. Rajkumar makkad has advised you at the first instance to find some other defense without specifying which is that other defense , can it be one other than your own true story ? can we advise any body to have resort to a story winch is not real one ?
Deepak Nair
(Expert) 27 February 2012
In addition to the voice recording, the querist should find some more strong evidences and witnesses to strengthen his defence. I too don't think that the recirding alone can be of great help to you even though the same can be relied for defence.
Vicky Raj
(Querist) 29 February 2012
Thank u all...
Sudhir Kumar, Advocate
(Expert) 29 February 2012
recording alone will nt help you as he will deny its authenticity. However, as accused of staeling bike you can still confess having received from him as security for loan.
You have still not disclosed How/When he cheated you?
