Legal Question in Criminal Law in India

1. A man is filed false FIR against my friend u/s 66A IT ACT with the help of 2 without ID number

2. the offensive sms are sent to complainant from 2 sims which is unknown

3 the Common friend sent non offensive sms ( may be offencive) to complainanat from my friends(accused) no. after that FIR lodged by misleading.

After FIR police took statement of my friend that I dont know anything about these 2 numbers and I am using my number and I did not sent any offencive sms to complainant.(fact)

then police took call and sms details from service provider company but the company gave only information that accused sent sms from his number to complainanat no this and this date and time , he did not give content.

after that police filed charge sheet on behalf of information given by service provider company but court did not took cognizance and directed sent accused and complaint mobile to cfsl lab

for inspecting that which sms complainant showing on paper is geniune or forge.

cfsl report came and report is that which sms complainant showing is geniune in his mobile and in my friend/accused mobile cfsl report says that all data are deleted we cant give opinion of this phone that sms are sent from accused number or not.

If police filed charge sheet on behalf of cfsl report and service provider given details then Is there any chanse to aquital of benifit of doubt of my friend before framing of charges on above weak cfsl report ?


Asked on 1/15/12, 10:12 am

2 Answers from Attorneys
KAMAL GROVER

yes he will get but you have to proceed wisely.

plz dont post same question time and again.

Regards

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Answered on 3/01/12, 10:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Chances of acquittal or conviction mainly depends on evidence adduced. Assess on evidence instead of allegations.

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Answered on 5/25/12, 11:21 pm


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