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June 2008

Audio CD admissible in evidence

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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11 Audio CD admissible in evidence :

Evidence Act 1875 S. 65B

In a matrimonial proceeding for dissolution of marriage the
husband had produced an audio CD wherein the wife had abused and theatered the
husband on a cell phone which was recorded on audio CD and produced in Court.
The trial court admitted the audio CD as evidence; against the said order the
wife filed the present revision petition.

 

The petitioner wife had contended that the audio CD was
fabricated and inadmissible as evidence because the cell phone which was primary
evidence was not produced.

 

The Court dismissed the petition on the ground that the trial
court allowed the audio CD to be admitted reserving the right of the petitioner
to cross examine the respondent husband of its contents. The court directed the
trial court to consider the objection raised by the petitioner regarding
admissibility of the audio CD and decide the same.

[G. Shyamala Ranjini v. M. S. Tamizhnathan, AIR 2008
(NOC) 476 (Mad).]

 


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