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Sec 294 and 506 of ipc and sec 66a and 67 9f IT act

(Querist) 20 January 2017 This query is : Resolved 
Charged with above section for sending abusive and threatning test messages from mobile to mobile . Police seized complainants mobile phone and got the text messages from his inbox as displayed on screen read by two panchs printed them on paper and got signed by the panchs and in front of the panchs loaded the messages on a CD and sealed the CD in envelope . The police also got the text messages record from the cell provider which shows that no text messages were sent on the mobile no of the complainant by the accused although it shows all the details of other text messages sent and received on and from other mobile numbers . The record of cell provider is more authentic and it shows no messages were sent at all .
The case was filed in the year 2010
Please advice what are the chances
rajeev sharma (Expert) 21 January 2017
if a n\message is sent by not using the server of the mobile service provider it will not have a record of message. But there are so many other ways of sending message electronically.
So the unavailability of record with service provider is not a concrete ground ofaccquitall
Rajendra K Goyal (Expert) 21 January 2017
Cases are decided on the facts before the court and how and to what extent these are proved.

This being a good point of defense, nothing can be predicted without going through full case file.


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