Legal Question in Criminal Law in India
My friend is accused for sending obscene sms to a relative , I.O sent accused and complainant mobile to cfsl for Authentication of sent and receive sms content for knowing Is this fake or fabricated ?
cfsl report came cfsl repoert said that which obscene sms content is complaint showing is geniune... about accused mobile cfsl said no data found we cant report anything about accused mobile..
I.O subbmitted cfsl report before MM in 66A it act case.
My friend is good man and kind hearted person I want to help him ....My other friend is doing cyber law he informed me any clever hacker can clone anyone sim and imei ....If geniune user mobile is switched off then
serivice provider company cant know anything from any source about cloned sim and imei. His systems cant report that Is this cloned imei and sim or geniune.
At the time of arguement of framing of charges in 66 A it ACT.. Is benefit of doubt of above said loop hole of service providere company goes to accused ? Is aquital of accused/my friend is possible at the time of frming of charges ? as prosecution failed to link story without doubt
5 Answers from Attorneys
The court will be framing charges on the basis of material available on record. There is very bleak chance of discharge at this stage. However, you should property argue your case before the trial court in accordance with law by citing relevant judgements of the SC and HCs.The services of a good lawyer to defend the case in court may be helpful.
whatever is the defence of your friend, he may lead evidence in that regard at the appropriate time of the trial.
your friend will be saved but for that you have to hire an expert.
Good luck.
Regards
for such queries your lawyer is the best expert and guide in pending cases as he is well acquainted with facts of your case.
Benefit of doubt may be available at the end of trial and not at the stage of framing of charge.
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