Legal Question in Criminal Law in India
A FIR is lodged u/s 66A IT act for sending obscene SMSs. Chargesheet filed that SMSs has been sent by 3 mobile numbers which is A B and C. A number user and owner is accused which is accused addmitted before police and other mobile number B and C adress found false. Police seazed only A mobile phone and sim. but accused sent SMSs from mobile number A B and C numbers and laungage and some SMSs are same in SMSs which written in chargesheet.
But there is no offensive SMSs sent found from A number.
Fact - Offensive SMSs sent by B and C number accused did not know anything about B and C number. No recovery of B and C mobiles and SIM. BUT laUNGAGE AND SOME smss are same on A B and C SMSs.
On above said facts Is Circumstantial evidence is made out or not due to similarity of SMSs of MOBILE numbers A B and C
2 Answers from Attorneys
no academic questions.
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