R. M. Malkani vs State Of Maharashtra , SC on 22 September, 1972

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The mere fact that the evidence is obtained by illegal means does not make it inadmissible provided its relevance and genuineness is proved. The weight to be attached to the evidence is a matter to be decided by the Court, but merely on the ground that evidence (which is otherwise relevant) has been obtained illegally cannot be a ground to rule it out totally more so in civil cases. (C) TAPED EVIDENCE / RECORDED EVIDENCE:

If a statement is relevant, an accurate tape record of the statement is also relevant and admissible. The time and place and accuracy of the recording must be proved by a competent witness and the voices must be properly identified. One of the features of magnetic tape recording is the ability to erase and re-use the recording medium. Because of this facility of erasure and re-use, the evidence must be received with caution. The court must be satisfied beyond reasonable doubt that the record has not been tampered with.

“Tape recorded conversation is admissible provided first the conversation is relevant to the matters in issue; secondly, there is identification of the voice’; and, thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record. A contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 8 of the Evidence Act. It is res gestae. It is also comparable to a photograph of a relevant incident. The tape recorded conversation is therefore a relevant fact and is admissible.”

** Some judgement by Hon’ble court cited with exceptions, that it is not admissible in matrimonial disputes.

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