LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vedava P.   04 January 2017

SMS Photo Print

In connection with my case, learned public prosecutor argues that printout of sms photo is neither primary evidence nor secondary evidence and hence the 65b certificate is not applicable. Kindly let me know whether it is secondary evidence or not. Thank you.



Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     05 January 2017

Please inquire with service provider to get a certified copy or any technical expert can give opinion on that SMS copy.  If possible get this attested by Gazetted officer known to you and notarize the same.  Make an attempt to give some credence to that copy so that the copy gets some legal authenticity of document.

Vedava P.   05 January 2017

Thanks. I had submitted to the hon'bl court an affidavit as per 65b of evidence act accompanying the sms photo printout. As I found it impossible to take printout of the sms directly from my mobile, I photographed the sms on my own camera of another mobile phone and took printout of the same directly on my own printer. To show the manner in which the printout was taken, in the affidavit I just only stated, "I photographed & took printout of the same". I also swore in the affidavit that I would handover the mobile containing the sms to the hon'bl court if needed. As I know secondary evidence also includes a copy produced using any mechanical process and photograph belongs to such type of secondary evidence. If so then please tell me why the above printout of the sms photo can't be considered as the secondary evidence and hence 65b certificate is not applicable. Thank you sir.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register