Legal Question in Criminal Law in India

A false FIR is lodged by complainant u/s 66 A IT act for sending obscene sms through mobile phone.

1.Complainant used 3 mobile phone and mobile numbers for filing false FIR, two mobiles and 2 sim are destroyed by complainat

2. That accused was using 3rd mobile and 3rd mobile number from last 1 year for his personal use.

3. Police has investigated case and filed status report that sms detail are collected sms

sent from other two numbers and Accused mobile phone ( this imei no.) to Complainant number (this emei) but sms content is not found from service provider company and service provider is saying that we are unable to give content.

After that court directed to police that seize complainant mobile and investigate that offensive and non offencive sms which complainat are showing are genuine or fabricated, then police sent complainant mobile to cfsl lab, as well as I.O. sent mobile of accused (3rd mobile and sim ) to cfsl.

CFSL report came that phone of complainant received offencive sms and we did not not got any proof/evidence/link that sms are sent by accused mobile phone to complainant phone which was seized by I.O.

Accused is saying that complainant hacked his phone and implicated in false case

Till date no summons is issued by court to accused accused is bail out on his personal

bond from police.

My query is that when cfsl report is saying that we did not got any proof/link/evidence that sms are sent by accused mobile then Is this solid ground for aquital of accused or not ?

kindly reply till date I did not engage any advocate I am accused in said case�


Asked on 8/20/11, 3:17 am

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

u need to defend your case well on the findings than there wuld be chances of acquittal...

for example status report says that u have sent msgs only the content is not found....

and cfsl report says that complainant have recvd such offensive msgs ... now both things have affirmed u have send some msgs whch may not be offensive but she has rcvd some msgs..

on the other side u himself saying that ur phone was hacked by complainant means u are admitting that its ur numb from whch she recvd such msgs....

in criminal cases what u shuld say or not that has to be seen and guided by a lawyer

so at earliest u shuld hire a lawyer

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Answered on 8/20/11, 3:55 am
Shrichand Nahar S.V.Nahar, Advocate

It appears that it a case of inadequate evidence.

As court is not prima facie satisfied with case, it directed police to investigate. If no evidence is found in evidence, then court may close the case.

Question of acquittal may come only when court issues process finding prima facie case.

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Answered on 9/11/11, 11:03 pm


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