Section 376

vijayjindal (Querist) 07 June 2017 This query is : Resolved
Respected Sir,

We got interim bail in Section 376 from District Court recently. We have sufficient evidence aganist the girl, who filed rape complaint aganist me.

On the prime facie, we shown Hon'ble court her 100 of extortion, black mailing, threatening messages, sent by her on our mobile which she accepted in front of court that she has sent those message.

Unfortunately, my phone where she sent the extortion, blackmailing, threatening messages is not working i.e totally dead now. We have sent it for company service centre for repair. Company is telling us messages cannot be restored.

Now in interim bail, court has given direction IO to verify the sms and other evidences. We have photocopy of sms and original records of other evidences.

Now IO is asking for that mobile where she sent the messages

You are requested to kindly help us in this regard.

With regards.

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Sudhir Kumar, Advocate (Expert) 08 June 2017
when the court has given the directions to the IO to verify SMS and you are not able to provide the mobile to him, then please elaborate wheat help guidance you need from this forum

Dr J C Vashista (Expert) 08 June 2017
Have faith in your lawyer who has managed bail for you, discuss with him if the query has some element of truth, which is found to be missing.

Adv. Yogen Kakade (Expert) 08 June 2017
When you knew that your phone in which such important evidence is stored, why did you sent it to the company service station? you would have handed over that so called dead phone to the IO, as he could take a help of a forensic expert to get the data. Your act might create suspicion in the case. It is good that you have managed to get bail. Try to grab more evidences in your defense, rather than loosing what you are having. Act smart.. it is a serious case.