Cyber crime
Prasun
(Querist) 06 February 2013
This query is : Resolved
Dear Sympathetic and honest lawyears of our country,
One of my friend was arrested for cyber crime on the complaint of his known person, who now deny that he know my friend at all.
This person sent a good amount of money to my friend's bank a/c for two years and through unknown people collected a part of the remittance. On one occassion, my friend came to know that the money colected in cash from him by comaplainant's known people is being used for drug business in India and the compainant is working at abroad and sending money to my friend encashing his simpicity. My friend denied help and within few months a complaint was registered with cyber crime and my friend was arrested.
Laptops which my friend purchased from complainant paying cash when the compainant visited India, when scanned by forensic institute found many emails demanding money for various reasons. My friend is not aware of those different emai accounts and was in a state of shock as these emais are supporting the claim of complainant for extortion etc. My friend is shocked but as he is not much famiiar with computer unabe to understand how it happened and he is bamed.
Police never computer system which the compainant is using on his laptop and in office to explore what is available in compainant's hard disk. But filed charge sheet against my friend after 2 years of FIR and trial started.
Please advise whether such one way investigation will be accepted by court or if my friend, now accused , can pray for re-investigation and whether such prayer wi be granted by trial court?
Devajyoti Barman
(Expert) 07 February 2013
You can try for re investigation highlighting the lacunas made by the Police so far.
Prasun
(Querist) 07 February 2013
For Mr. Rajeev Rajoo my question is that when the forensic scan shows that the emails were from same IP which the accused uses, but it may be possible due to remote hacking, and in such case what could be the points which should be cited for quashing the case and the possibility of acceptance by HC.
For Mr. Barman, I request for a detail advice on the points to be submitted and under what section of IPC or CrPC the application should be submitted - to trial court or Sesssions Court or HC ?
Kindly guide
adv. rajeev ( rajoo )
(Expert) 07 February 2013
