cyber forensic

pankaj jain (Querist) 02 July 2010 This query is : Resolved
In a cyber crime case ( malicious email case)the prosecution has failed to submit till date cyber forensic report in the chargesheet .Can it weaken the prosecution case in the trial for not filing cyber forensic report?

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Raj Kumar Makkad (Expert) 02 July 2010
Obviously it shall weaken the case of the prosecution and accused shall be entitled to take its benefit.

S. Bharath (Expert) 02 July 2010
I wonder how at all a chargesheet [final report]in such a case can be laid without a forensic report; without such a report, the final report could not have been taken cognisance of!

Arvind Singh Chauhan (Expert) 02 July 2010
I do agree.

Uma parameswaran (Expert) 02 July 2010
Yes.

B K Raghavendra Rao (Expert) 02 July 2010
Why should there be a forensic report when the accused has been identified. It is for the accused to prove that he has not committed any offence with sufficient proof. The prosecution could not file FIR unless they have a report or their own department would have by cyber crime investigation identified the accused. Non-filing of report would not weaken the case of accused. It need not be filed.

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