My uncle is fighting his FALSE 498a case in lower court in Gujarat , India. Case is in hearing stage, witnesses being crossed by my uncle’s lawyer. Public Prosecutor and Judge has no objection in submitting email or electronic evidence without certificate under 65B as both the parties agreed mutually to submit and allow it.
When my uncle produced email communication evidence between “MY Father” and “MY FATHER- IN- LAW”, PP objected and Judge supported it saying it is not allowed as it being third party communication. My uncle’s lawyer has argued and said to take matter to High Court. Judge requested 2 weeks’ time to decide on that. My entire family also implicated in false 498a in India but being NRI, is not in India and so unable to attend court proceedings and cannot be present. I believe evidences are evidences.
Please help me with your expert advise on this matter . I will appreciate any reference to past such ruling , please.
