No call details record of complainant in the FIR/ charge sheet

[appla raju]

Dear sir,
My wife had filed case u/s 504/506/294/120b. Charge sheet submitted & case case is fixed for framing of charges. She stated that me and my family members had given threatening to kill her & used dirty language, send massage on her mobile which are obscene. IO had attached CDR of mobile no. doesn’t belong to us. Also didn’t put CDR of the complainant.There is no evidence on record which shows that she is the owner of that mobile no. which she had mention in FIR. charge framin

[Dr. Ashok Dhamija]

Burden of proof lies on the prosecution. If there are defects in the investigation, such as the mobile number does not belong to you whereas it is wrongly shown to be yours, then this fact will help you during trial. Whether or not the complainant (your wife) is the owner of the mobile phone that is mentioned in the case to be hers, has also to be proved in trial by the prosecution.

So you can show all these defects in the evidence during trial and it may benefit you.

And, if you feel that (you can take help of some local lawyer by showing him all relevant documents / evidence) there is not even a prima facie evidence in the case to charge you with the offences, then you can even consider filing an application for discharge.

     

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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.

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