Querist :
Anonymous
(Querist) 11 December 2010
This query is : Resolved
My friend has booked in under ipc 386,120B,379,it act 66,but in the charge sheet he is only one accused and no details of extrotion and hacking and theft. charge sheet says he was attempting to extrot money against some photographs and he has hacked complainent email id and theft her photographs.but the evidence are only email which recived by complaintent without header.and unattested.its means not any ip found in the email evidence.about the hacking no any ip-login details of complainent email id is provided in the chargesheet..forensic report of accused laptop has been done but in the report no any photographs and email id logs of complainent and senders email id logs were also not found in his laptop...he was arrested because in the sender's email id.police found his ip adress.he was using wifi internet connection.is it possible that someone had hecked his wifi..all chages are wrong.he gets bail on ground of attempt of extrotion (ipc 385)386 is wrong charge gainst him and it act 66 is also bailable...case is still not on charge..My question is ..1-case could be discharge at the time of arguments of charge..? what could be in wrong charge..
Raj Kumar Makkad
(Expert) 11 December 2010
Keeping in view the detailed facts given in ur query, I am of the firm opinion that this is not the fit case for discharging the accused on the stage of framing charge rather a complete trial is must so that prosecution may bring its evidence which may duly be rebutted by accused, if need arise so.
SAANJAAY GUPTAA
(Expert) 12 December 2010
Well Advice by Mr. makkad, what ever you want to get benefit you will get in trial of the case by putting such questions to the I.T.Experts and other witnesses.
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