If by “remand diary” you mean the application made to court for seeking “police remand” or “judicial custody remand” of the accused, then I may point out that generally at that stage the police might be depending on the statement of the complainant / victim about the phone calls made, or may be on the call log in the mobile phone. Usually, it takes some time to get details from the mobile phone operator about the call details.
However, if the call details (as mentioned by you in the question) are mentioned in the charge sheet itself or in documents annexed to the charge sheet, then usually it would be based on the CDR obtained from the mobile phone operator, or the call log of the mobile phone itself. In such situation, you would be supplied copies of all relevant documents (including CDR) which will show such proof. Even if such details have been taken from the mobile phone itself, it has to be proved either by production of original instrument (which may mean the mobile phone itself or the memory card, which has the call log) or by secondary evidence in accordance with Section 65-B of the Evidence Act. In any case, you’ll get details / copies of such evidence in due course.
If you are not given the copies of such documents, even though they are cited as evidence, you can request the court to supply these copies and these are given generally. If necessary, you can also seek permission of the court to inspect the papers submitted by the investigating agency in the court.
You can also request the mobile phone operator for getting the CDR of your own phone.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
