It act/cyber crime
Mithu
(Querist) 09 September 2017
This query is : Resolved
This is to bring to your kind notice that for the reason that I ( complainant/victim) have given birth to female child and for the sake of dowry I have been severely tortured/beaten by in-laws & humiliated publically and after molestation by father in-law thrown out of matrimonial house in NCR on dated 2-Jan-2016 for which FIR No xxxx/2016 (u/s 323, 406, 498A, 506, 34) is registered in Kkr. On 9-march -2016 my husband filed for divorce as per their plan due to non fulfillment of illegal demand of dowry and due to birth of girl child. Meanwhile me, my family and my friends started receiving threatening emails along with audio of our private telephonic conversations from the email ID of xyz@gmail.com (almost 50-60 emails with private call records to all ..me, my witness sister, frends). In a great fear and depression I complained about this to SSP, kk and after investigation accused was caught red-handedly and accepted his crime and FIR Noxxx has been registered (Please note that accused is my husband already on bail in another case i.e. FIR No xxxx/2016 u/s 323, 406, 498A, 506, 34 & has committed the cyber crime & breached the terms of the bail).There was another complained filed by the other victim (sister who is also witness in case under trail i.e. FIR No.xxxxxxx/2016 u/s 323, 406, 498A, 506, 34) residing in NCR to cyber cell HQ in Gurgaon & there the involvement of XX HCS was also found and Cyber cell recommended police chowki NCR to register the case u/s 354D but it was registered U/s 66D and 201 ipc added later on. The FIR no abc has been registered in Gurgaon where officer, HCS as escape route has now become state witness in this case after committing this crime. . me & my unmarried sisters have been victimized and our calls have been tapped/phone or email ID has been hacked and culprits are getting V. I. P treatment from the police and in judiciary due to high approaches and links. My application u/s 190 (B) has been dismissed by lower court for adding sections 354D, 499,500 saying not sufficents evidance on file. Now accused has approached high court for queshing saying 66D is not made out as element of cheating is not made out (defined in 415--related to property transaction) My queries are:
1) is there possiblity that police can recover data after approx 1/1.5 yrs after email data delete.
2) accused has hecked many of my family mers email ID....but nothing has been brought by police on record...i made many representaion but nothing recovred. How to get it recovered? how much old data is recovered?
3) In divorce petition and in frend circle accused/my husband defamed my sister as married and divorcee but actually she is unmarried how to bring this strongly before the court for adding section 499,500
4) can I also file 482 against police and lower court for justice? charge has not been framed by court so far and in another FIR challan has not been done to court?
P. Venu
(Expert) 10 September 2017
Admittedly, the Police has already investigating the matter. Let them do their job.
Mithu
(Querist) 10 September 2017
But problem here is police did not add most relevant sections ideally 354D to give relief to accused in cyber case in KKR location. police in KKr did not recover anything from accused...i.e. all the emails, all the call records and hardware . Another in Gurgaon too police has stated in 173 report that investigation is complete but not putting complete challan even after 5 notices from lower court in gurugram. (in gurugram additionally one HCS officer involvement found and he was not made co accused but made state witness though every thiing happening with us due to his ill-intention)
Rajendra K Goyal
(Expert) 10 September 2017
Complainant see the events through own glasses / angle while in court full opportunity to defend is provided to accused.
From the given facts no sufficient grounds to proceed against police and the court.
