Recovering Lost Evidence: A Case of Destruction of Documents

So, imagine this scenario: Rohan (my 'dada' ki best friend's son) runs a small business, and his employee, Kumar, gets caught up in a major controversy. During the investigation, Kumar deletes all his phone records and laptop data. The cops recover some documents from a backup, but the employee claims that the destroyed records were 'private' and can't be used as evidence.

Now, can Kumar be prosecuted for tampering with evidence, or is this some fancy exception under the Evidence Act, 1872? And what about Section 28 of the Indian Evidence Act, which deals with destruction of documents? Will the court rule in favor of Kumar or will he have to face the music?

What's the best legal remedy in this case?