I would really appreciate a response to this, and I'm not sure if this is to be posted under Civil or Criminal section.. so positng here as Police Case is involved.
State is Andhra Pradesh.
My father recieved a notice from his sister (my paternal aunt) stating the following:
1) That she had kept X tolas of gold in a joint locker (father and his sister had access). She now claims my father has taken it and refuses to return it. She only says X tolas and doesn't provide any specifics. There is no proof of her having kept gold in that locker (and we definitely didn't take it). The only current proof is that my father was last person to open the locker sometime in 2008.
2) That she is being threatened with harm by my father. This is also incorrect, and there is no proof at all.
3) She claims my father forged her signature on some no objection affidavit. This is also incorrect.
Further to the notice, she has then filed a Police case a few days ago stating all 3 points as the reason for the police case. The police had called my father and asked him questions (in front of her.. with HIS lawyer present). My father stated he has no idea about the gold, the forgery and hasn't ever threatened his sister.
My questions are the following:
1) What are the chances of the sister winning arguments on any of the charges? There is NO proof for points 1 and 2, but for point 3 there is a copy of the affidavit which has been submitted to the police.
2) If she purposely mis-signed the affidavit and claims now that she didn't sign, and my dad signed it, what are chances of proving it?
3) Most importantly, are any of the offences jailable? My father was told by a lawyer that Forgery, if proved, can attract jail time. He is 72 and is very worried about going to jail for something he didn't do.
In short, can he go to jail for any of the offences above (as mentioned, no proof of any of them.. except copy of affidavit submitted to police)? Without a trial and with just a police investigation??
Especially given his old age, are there arguments we can present in court or to the police, if it ever goes to court, that can prevent jail time? I know we haven't done anything wrong, but I'm just looking for answers to sooth my father at this point, given his age and tension around this matter.
Also, for all 3 points, would this go to Civil or Criminal court?
I thank you all for your time to read this and also to answer my questions. God Bless you all.