My cousin has been killed by her husband and he put the body in the fire. The body lies on front, with upper half fully burnt and no damages to the lower half. Body was on a place which he set fire, means clearly shows he murdered and kept it above that. I mean to say, body was so static with both hands up, above the camp fire also clearly shows it was not a suicide. But RDO and police enquiry was very slow. So I think by his mobile history, of that particular day I could clearly prove him as culprit. As he is less educated he should get this idea from somebody who is expert in this. Request letter has been given to SP to get his call history, and ASP replied, "we have done that and we wont give the papers to you as per law". But I personally feel I want to check his call history. Please guide me to get his call history from Cyber cell. and help me by giving your valuable suggestions...
Asked in Criminal Law from Chennai, Tamil Nadu
1) post mortem would be done by police to find exact cause of death of your cousin
2) based on report police will charge her husband with murder
3) further police will scrutinise call records of her husband on date of incident
4) her husband will be confronted with the call records which shows that he was very much present at the scene of crime
5) you will not be given his call history .
6) the charge sheet filed by police after completion of investigations would contain all the evidence to nail the culprit
The evidence that is collected by police during investigation is filed along with the chargesheet in the court. It does not show that evidence to anybody, more so it cannot be sought even under the provisions of RTI. Wait till the filing of the chargesheet. If there is delay in the filing of chargesheet or the chargesheet reveals shoddy investigation then you may move the High Court for appropriate directions.
Since the case is still under investigation you can ask for any of its report. It is purely confidential and you are not supposed to know.
However if you have anu doubt or lack of faith on the present investigation you can apply for investigation to be done by CID, CRIME BRANCH OR CB.
Officially or legally you cannot get the call history from police or cyber cell even if you know that they are very much available with them.
Even you cannot file any petition before court to extract the desired details either from the service provider or from police since the matter is under investigation by police.
You can try to get the details through some unofficial sources by some malpractice only.