Anonymous
11 July 2011 at 09:11
can an offence under S.498 A be compromised? If yes, how?? thanks in advance
Advocate Vasundhara
11 July 2011 at 08:52
INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
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In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced.
Sir, Can I use this section 45A now? How to utilise it properly?
Anonymous
10 July 2011 at 20:19
sir
my friends cousin is missing since last two months, now the problem is that
1. my friend is being harrased by police regarding this as they have tapped conversation in which my friend joked to another friend saying i am with the girl with whom the cousin has run. now the police had been harassing him with this evidence. please suggest the way to be out of this condition as it is become worst for him, the police is calling him again and again and harrasing him.
2. my friend is holding a shop where half a portion belongs to his cousin thats also creating a point of doubt on him that he has done something in order to capture the shop, he is paying the rent monthly on time.(he has taken the shop since last five years)
please suggest what should he do to avoid the harrashment
thanks
under which section Police has power to investigate or to interogate any person? What if one neglect or refuses to give response his inquiry? Is it duty bound to a citizen to provide information asked by the police officer/INvestigating officer?
A Truthseeker
10 July 2011 at 19:40
regarding rape we know that it is held that where in a murder, a body is destroyed, in rape the soul is degraded and the victim has to face an uphill task to survive against public disdain who look down upon her.
but is not the case more deplorable in the case of child abuse, whose unconcious mind gets totally upset and it is in all probability that the child would never recover to a healthy personality?
Advocate Vasundhara
10 July 2011 at 16:05
In a case of mine, First IO investigated the entire case, collected all the evidences, recorded witness statements etc. Then he got transfered and now retired. Now he is settled in USA. In the meantime second IO took over the case and just filed the Final Chargesheet in court.
The first IO never ever came to court for chief examination. So the second IO deposed in court and gave evidence. He exhibited the evidences, which were actually procured and investigated by first IO.
Sir/Madam, My question is
1. How can the second IO exhibit those documents not collected by him?
2. Should I file any objection now?
nilesh rathi
10 July 2011 at 14:46
If an SLP is sumarily dismissed ,only by --"dismissed " order, but while dismissing the judges verbally saying that "we are not inclined to admit such matter", when the merits of the case and the provisions of law are totally overlooked on the name of sympathy and emotional grounds----THus there being gross miscarriage of justice,
plz guide me the further remedy -line of action availabe with me, certainly when my constitutional right . and natural justice has been denied.
CAN I FILE A REVIEW PETITION
OR SHUOLD I FILE WRIT UNDER ART. 32 FOR INFRINGEMENT OF MY CONSTITUTIONAL RIGHT
I REFERRED RUPA HURRA V/S ASHOK HURRA SUPREME COURT CASE
Anonymous
10 July 2011 at 14:41
I am staying in jurisdiction of Andheri Police Station. My father died intestat and the two brothers who are residing in jurisdiction of Juhu Police Station have committed frauds in the business and assets of father. Pl. advice :
1) With which police station I have to register my complaint for FIR ?
2) What I should do if police does not register the FIR ?
cross examinatoin
a person in chief examination in court said that there were 4 person present on the spot after that in cross he said there were 3 person .
on asking that why he tell name of 4 persons in his chief and also in 161 crpc, he did not give any reasons .
1 what are the legal action can be taken against that public witness ?
2 how accused of the case get benifit/