1- R.M. Malkani vs. State of Maharashtra 1973 AIR 157 Supreme court has observed that 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
2- Ziyauddin Barhanuddin Bukhari vs. Brijmohan Ramdass Mehra and others 1975 AIR 1778 held by Supreme Court That tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:
(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it. (b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
(c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act.”
2- Ziyauddin Barhanuddin Bukhari vs. Brijmohan Ramdass Mehra and others 1975 AIR 1778 held by Supreme Court That tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:
(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it. (b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
(c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act.”
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