IPC 279 & 337 - Wrongly implicated

I had tried posting my query twice earlier yesterday but can't see it so posting it again.

On 1st Oct there was an accident caused by a commercial car just about 10 m ahead of my car. This happened on the Bombay-Pune road near Bhosari, where the road is pretty wide. The other car collided with a 2-wheeler and the girl riding the 2-wheeler suffered some injuries on her face and hands. She is ok now.

I was driving on extreme right lane and was quite away from the colliding vehicles. However, to ensure I do not hit the falling girl and the 2-wheeler I stopped immediately.

Unfortunately for me, the other car driver instantly accused that it was my car's back that hit the 2-wheeler and because of which it collided with his car. I have an old dent in the rear bumper which came in handy for them. The police has belived in that and has slapped sections 279 and 337 on me.

Police has not taken my statement and are in no mood of listening to me. They say make any arguments you want in the court. I reconciled to the fact that probably the other car owner must be very influential or would have bribed significantly and they need to find some scapegoat.

The 2-wheeler never hit my car and there is not even a single scratch to my car. The girl's family belives me but they also informed me that probably police has also twisted the girl's statement by ommitting key facts (like the long car hit her from left - mine is a hatchback and it was on right lane).

Yesterday I could find some digital snaps taken in Aug that show the dent in the rear bump. My car servicing invoice of May 2009 also has a remark of the same dent.

I need some help to understand what should be my next step.

1. Shall I just accept to the charges and get over with it with the fines? Most of the folks have suggested the same to me so far.

2. Shall I meet up with the sr police officers in the police station and make them aware of the new prrofs I have found on the old dent on my car and request them to reinvestigate the matter?

3. Shall I first get a bail and then press for finding the truth?

4. The constable at the police station has been threatening me that he would put me in lockup. Fortunately he has let me go on 1st and the 2nd Oct. He repeatedly called on 3rd Oct offering to 'settle' the things and I can also get my vehicle back. I have so far avoided that. He has not clarified how he will settle the things.

5. The constable had also mentioned about the medical check-up. I am not too sure why it would be needed now and not on the day of the accident.

Police has not taken my statement, neither they have given me any copy of the FIR or panchnama. The investigating officer has not even spoken to me.

Requesting this forum of experts to put forward their opinions and advices for me.

Thanks in advance!

Cable Case Problem

Hello Sir

My client is a cable operator in the CITY and he is authorized to distribute/ telecast many channels that include COLORS CHANNEL, SONY etc and also he made agreement with the service providers for telecasting in the city. In this way my client is authorized to telecast the COLORS CHANNEL, SONY etc., and in the agreement made with the Channel Broadcasters he was authorized to take appropriate action if any unauthorized person distribute/ telecast the channels with their prior permission in the city.

As he got the information that person/ accused by tampering/ change the settings of the Set-top box (purchased by him in other 3rd person name of DISH TV network) transmits the channel in the city (the channels he transmit includes COLORS CHANNEL, SONY etc.) and he also telecast free to air channel by using Dish (total channel he telecasts is near about 60 channels). By tampering the Set-Top box he lease out connections in the different locality of the city on cheap rate basis and there is no record he made for distributing the channels. As per Cable Networks Act, a cable operator must be registered and then he can telecast the channels, but he does not even apply for registering himself till today as a cable operator under the Act.

NOTE: When we see the cable on our TV we sometimes notice that some code appears on the Screen (like this….. EJSJALLA7SA), as this code was the Subscriber card code which was embedded on every Set-Top Box Card which was inserted in the box and the Broadcaster sends the signal for verification that the set-top box is with the same user or not to whom they sell. But in this case what the accused had done, as he made some changes in the set-top box and the signal which the company sends was matched correctly with the box but that was not shown to the user who watches the cable at his home.

As he infringes the Copyright Act by transmitting the channels in the city under different sections of the above said Act. Actually what a cable operator to do for transmitting the channels he has to use the MODULATOR (it is device which breaks the encrypted channels in to decrypt form, which a cable operator receives from the CHANNEL BROADCASTER through satellite for transmitting the channel in the locality of the city). In my case what the accused had done he take the same process for transmitting the channels and he gets the channel to be distributed by passing through this MODULATOR device and as he infringes the Copyright Act.

The grievance I face by the act of the accused I made a complaint in the police and on this police made a Raid at one of the branch office of the accused and also I made a video of the raid which was conducted by the police. In my video I take the live video picture of the setup made by the accused for transmitting the channels and also the Set Top Box sets with the 3 dishes for receiving the signal from the broadcasters and the accused was taken in custody and he is on bail right now.

So what advice I want from the members in this site is that what more precautions like the documents, evidence for proving the offence and other Expert reports on different telecasting box/ parts. I have to take to make my case strong one and also if any member can refer me some good citations on this issue which I want as I am facing this one case first time, so I need good guidance in this case.

Also after he gets the bail he is still running the same illegal Cable Operator work in the city, so can anybody tell me that how can I restrict him from stopping the telecasting the cable in the city and what steps I have to take for heal up my lose.

Thanks

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If any member gives me some citation of 9 or 11 judges bench some recent one then that will be very thankful to them.

Thanks

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