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Can we prove our absence through the CDR?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren’t in Jhansi at that time. In Fact we were at our residence, Mumbai. Can we call for CDR location in our defence, to confirm we were in Mumbai on 23.06.2019 Question Can We get our CDRs through RTI. 

Asked from: Uttar Pradesh

You are a subscriber of a telecom operator. Hence, you can get CDR from the telecom operator. No need to approach the court for calling CDR from the telecom operator. 

Court can direct the operator to furnish CDR if that details are necessary for the purpose of investigation or trial of the case. But that CDR must either belong to the accused or the call details tend to prove involvement of the accused in the commission of offence. 

No such circumstance exists in your case. Hence, you can directly approach the operator and get a CDR. The CDR is not a conclusive proof. Court has the power to reject it if your presence is being proved by other evidence. 

If you want to take a plea of alibi (absence on the place of incident) as a defence, you can prove it by any other evidence also. Not necessary to rely on CDR. You can prove your absence through circumstantial evidence. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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