Need to have legal opinion in false rape case

884 votes

well u need to move an application under S. 65B of the Indian Evidence Act, 1872. Thereafter, the prosecutrix can be further cross-examined with regard to the CDR. An application would have to be moved in this regard.

Advocate Rohit Kaul LawRato

985 votes

I must tell you that this line of defense is going to help you and if the Judge rejects the application for CDR then go for revision. While filing an application for CDR, you must also mention the significance of such request in the application. Consult if you want a decision or else you are the best judge of your choices.

Advocate Ramaditya Tiwari LawRato

521 votes

Hello
I understand your position and so many things need to be clarified. This can be possible once we face 1 to 1 conversation, we are the bunch of Criminal lawyers practicing at supreme court and as well as Delhi high court. Will help you to find out the solutions.
Regards,
Jayatee Chatterjee
Solicitor/ Advocate

Advocate Jayatee Chatterjee LawRato

990 votes

In your case CDR is very important to show your innocence. there is little for an accused generally in a criminal case for him defend or rely upon . You should take every step to show your innocence in the case , that too a documentary evidence like this is a foolproof case.

LawRato LawRato

539 votes

Call detail record may be an important piece of evidence but only to the extent of showing that the parties have been in touch with each other for a certain period of time etc. The relationship which can be inferred from this can be that of friendship, or a love relationship or even a professional relationship of some kind.

Infact even if, with the help of other evidences, it can be shown that parties have been in romantic relationship for the period of time in which the rape is alleged, it is, although a strong indicator but by no means a bullet proof evidence to suggest that rape was not committed.

This is because it all comes down to the fact as to whether when the alleged act occured the prosecutrix had consented to it, expressly or impliedly, along with other facts, of course, like sanity, ability to give consent, no intoxication etc.

Thus, if it is proved by other evidences like WhatsApp messages, emails, admissions etc as suggested by you that the parties were infact in a love relationship and that they actually met each other at various instances, then I'm afraid CDR won't do much else except emphase the same inference.

It is probably for that reason that the judge refused to order CDR to be shown, because he is already convinced by other evidences, of everything that CDR may go on to prove.

If that is the case, I suggest you clarify that with the judge and move on to other evidences in the case.

Let me know if you have any further queries.

Advocate Nikhil Sabharwal LawRato