The non-collection of Call Detail Records (CDR) can significantly impact the testimony of the deceased’s parents in a case where the prosecution relies on telephonic communication as the primary evidence of ill-treatment for the following reasons:
1. Burden of Proof
The prosecution bears the burden of proving the case beyond reasonable doubt. In the absence of CDR, it becomes challenging to substantiate the claims made by the deceased’s parents regarding telephonic communication.
2. Materiality of CDR
Since the entire case is based on the communication through mobile phones, the CDR is a crucial piece of corroborative evidence. Without it, there is no objective proof to support the parents’ testimony about the alleged calls, making their statements less credible in the eyes of the court.
3. Lack of Presumption
No presumption is available in this case under Section 498A and 306 IPC, so the prosecution must rely on direct evidence. The absence of CDR diminishes the strength of the prosecution’s case, as it fails to corroborate the parents’ testimony regarding the communication of ill-treatment.
4. Consistency in Testimony
The prosecution will need to ensure that the parents’ testimony is consistent, detailed, and credible to make up for the lack of CDR. Any discrepancies or inconsistencies could further weaken the case.
5. Corroborative Evidence
The prosecution may need to seek other forms of corroborative evidence to strengthen the case, such as witness testimonies, medical other documentation that could support the parents’ claims of ill-treatment.
Conclusion
The non-collection of CDR can indeed affect the parents’ testimony, as it removes a significant piece of corroborative evidence. The prosecution will need to rely on other forms of evidence and ensure that the parents’ testimonies are consistent and credible to prove the case beyond a reasonable doubt.