Sections 294, 506 of ipc and section 66a, 67 of it act
Arunpal
(Querist) 22 March 2015
This query is : Resolved
booked under section 294 , 506 of IPC and section 66A , 67 of IT ACT for sending threatening and abusive SMS messages from mobile phone to mobile phone . Evidence submitted SIM card of receiving mobile , CD of copied messages, and paper printed copies of messages . And Details of senders mobile calls and messages from mobile service provider. Details from service provider shows OUT SMS and IN SMS to other numbers but it does not shows any OUTSMS from the accused mobile number to the complainants mobile number . The printed submitted copies and CD show that such messages were sent . But I think that the service providers details are more authentic which show that no messages were sent,
What is the status ?
Can the high court be approached for quashing of charge-sheet on the basis that the details of service provider does not shows any SMS sent to the complainants mobile number whereas SMS sent to other numbers are clearly shown.
Devajyoti Barman
(Expert) 22 March 2015
The case is not fit for quashing though the accused stands good chance of acquittal.
Isaac Gabriel
(Expert) 23 March 2015
If contadictions appear,expert opinion could be obtained.Take steps.
SAINATH DEVALLA
(Expert) 23 March 2015
The accused is on a safe zone and may be acquitted, for lack of authentic evidence. May not get desired respite in HC
Rajendra K Goyal
(Expert) 23 March 2015
High court may not quash the FIR. proceed on merits.
Arunpal
(Querist) 23 March 2015
Are SMS messages admissible as evidence
T. Kalaiselvan, Advocate
(Expert) 25 March 2015
If the court has taken cognizance, you may challenge the case properly and chances that you may get acquitted due to the contradictions mentioned.
Dr J C Vashista
(Expert) 29 March 2015
Proceed on merits of the case, fewer chance of getting FIR quashed.
