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Raghu Ram   19 December 2015

Cell phone location as evidence

We had a quarrel with our relative on a sunday at 2.30pm 18th oct-2015. My relative has filed a false compliant against me in section 294,325,506. He has put a person to give false witness against me. With this witness we have a land dispute. Now witness may be giving a false witness.

The witness is a christian and goes to church on every sunday without fail. He will be in church from 8.30 am to 3.30 pm.He will reach our area only after 4.00. The church is in near by town.

I have following questions and seek your guidance on this:


Is it possible to take his cell phone location to proove he was not in station?

What is the procedure to take this as a record?

Is there any other way to proove that this person was not in station?

 

Experts kindly provide your advice on this



Learning

 4 Replies

Pratap K Pushpakaran (Advocate)     19 December 2015

cell phone location may serve only as a circumstancial evidence

Raghu Ram   19 December 2015

The incident happened in front of my house (empty space ). My relative(My aunt) stood in front of my house and started scolding us for garbage in front of our house. Relatives husband, my uncle interfered and took his wife away. When he was pulling his wife , she fell down. She broke her distal radius (wrist).

We have an ancestorial property. We are asking for partition. My uncle doesn't want to give our share. There were quarrels in the past between the families. Hence my uncle has launched a false complaint against us.

After My aunt fell down and broke her wrist bone, my uncle approached the said third party witness. We already had a land relative quarrel with the third party witness. Our relation with the third party witness is not good. Hence my uncle wants to make use of our enemity with the witness.

 

 

 

Raghu Ram   20 December 2015

We are yet to take cell phone tower location details. Is it possible to get cellphone tower location data through court. What is the procedure

SAINATH DEVALLA (LEGAL CONSULTANT)     20 December 2015

Only witness to the entire episode, and according to U he was in the church at the time of the offence as envisaged by U but not as per the complainant.But the mobile location will show only the area where it is covered but not whether he is present at the place of offence or the church,

Hence that evidence is not vital.


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