K.Venkateswara Rao (ADVOCATE) 25 March 2011
In a criminal trial the prosecution had recorded the voices of the accused and the complainant and it was marked as MO-1 AND MO-2 can we get the same copy of the CD if yes under what provision and is there any suitable citation or guide lines of the courts if yes pls post the same, my advance thanks for the same.
Vikas Nagwan (Legal Consultant) 26 March 2011
it is the duty of the prosecution to hand over the copy the case documents and evidences except the ones which cannot be copied.. it includes the evidentiary docs (letters,email transactions etc), statements of the witnesses, copy of fir etc........in this case just ask the conecrned Magistrate and he'll order the prosecution to provide you the copy of the said recording it's as simple as that...
adv. rajeev ( rajoo ) (practicing advocate) 26 March 2011
Do as Vikas told and file an application to supply the same.
K.Venkateswara Rao (ADVOCATE) 28 March 2011
The casse is before the District Judge and I have filed the application but the judge wants reference for the supply of the copies and he wants more clarification and any citations regarding the supply of copies my thanks to Vikas and Rajeev pls suggest any citations or guidelines about the supply of copies od C'DS
Sarvesh Kumar Sharma Advocate (Advocacy) 28 March 2011
if district judge is not helping in the direction of justice,then you can move to high court .
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