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Aravind Kumar Gunda (BOE)     02 December 2014

Cyber crime 66a - identity theft

Hello Advisers,

Subject : This case is in regards to an IT Act 66-C, says identity theft and deleted all the personal information from the person's email account.

I was in a relationship with a girl for about more than three years and we planned to get married too. End of the day parents of the girl brain washed the girl and made her say that she is not interested to marry me.  I needed answers to my questions when she decides to give up our relationship and leave me alone. I approached her parents that why did their daughter played with my life in the name of love and marriage. Then her father filed a case against me that I have been harassing his daughter for love and marriage under IPC sections 506,509 and IT acts 66-A, 67 and portrayed me very badly in the electronic media too that they have a life threat from me to them and their daughter. I was arrested and remanded to the court eventually I came out through bail.  After one month later she phoned me from a coin box and expressed that her parents only made all false allegations against me and insisted her to support them to the concerned and she disclosed her email password asking me to check her account to make me believe her activities. But I didn't go into her gmail account soon after instead I received an email from her after she spoke to me couple of days later that she was threatening me in the email that she will not leave me and lead my life peacefully for the rest of my life because I told her that I will come up with all facts of our relationship producing all the physical evidences in the court for her father filed a case against me. She said me to deleted all the emails regarding our relationship from her account that is why she disclosed me her password. As I was in a depression because of her rejection of our marriage and deleted only few specific emails only concern to our relationship accordingly she said, but there was no her personal information in the account. Soon after I deleted the emails accordingly she said, she sent me another email that I did a great job as she expected and got trapped and suggested me to deleted rest of the emails in regards to our relationship and said that she hasn't changed any settings in her account, because she has no patience to deleted them as she  said the same in the email she sent to me. Now I have these latest emails from her with me. Later she made a complaint in the cyber police station that one unknown culprit hacked her gmail account and deleted her personal information. The police investigated and found me through IP address and the internet connection I was using. In the inquiry I told about everything but still the police treated the act was a kind of Identity theft and intentionally deleted the information from her account.

Now the case has come to the trial,  at first stage would be a cross examination of the complainant. I had a lawyer, I was not happy with his services and took no objection from him to argue my case by my own. So, I'm going to cross exam the complainant who is my lover. Now I have all physical evidences of the email which sent to me asking me to login her email account and delete the email in regards to our relationship, but I don't have the physical proof that she only provided me the password to get logged in because she disclosed the password over the phone so I don't have record for that but I have continuously communication from her end through emails that I did what she wanted and got trapped and she was wanting me to delete rest of the emails as she didn't have patience to delete them.

Now here I need your very valuable advises.

Thanking You All.



Learning

 16 Replies

Biswanath Roy (Advocate)     02 December 2014

Your case as  stated by you is a complicated one and falling under Cyber Crime Laws, Indian Penal Code and Law of Evidence so you need an expert Senior Lawyer to create a suitable strategy to take you out from the allegations.

T. Kalaiselvan, Advocate (Advocate)     06 December 2014

If you have decided to contest her case as party in person and challenge all her allegations, you may have to work out very hard, you may take clues from senior advocates as advised by senior advocate respected Mr. Roy sir.

Aravind Kumar Gunda (BOE)     06 December 2014

Kalaiselvan sir, thanks for your concerns.

I experienced about lot many things after I appointed and terminated my lawyer. And replies to my query from respected Mr. Roy sir and you, I found key words from your replies that I can see confidently and certainly challenge all her allegations because I am the only person who genuinely aware about facts. 

I probably need to know law procedures to represent myself. But I am sure that I can bring out about all the facts from her mouth through her sayings in the cross examination. Lets see how it goes !! ..I made my preparations.

Thanking you once again

SAINATH DEVALLA (LEGAL CONSULTANT)     24 March 2015

Go through Supreme Court Judgement on Section 66 A

Biswanath Roy (Advocate)     24 March 2015

It is not an easy task to conduct this case in person. From the given facts as I could understand  is that the person who will conduct this case in defense must have thorough knowledge in Cyber Laws , Code of Criminal Procedure, Indian Penal Code, and Evidence Act.  Also he must know the jugglery of cross examination.  Besides if the person who will take part to combat in defense possess some knowledge in Cyber Crime Laws and related cases of ENGLAND & U.S.A it will be an added advantage to him to win the case .definitely..

Biswanath Roy (Advocate)     25 March 2015

If the allegations against you u/s. 506 and 509 RELATES TO AND CONSEQUENTIAL to the alleged offence u/s. 66A  of the IT Act then the case is liable to be rejected, since Sec.66 A  was declared as violative of Article 14 of the Constitution of India as declared by The Division Bench of The Supreme Court of India in a PIL case yesterday.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

But crime related cases are still there,they have not been waived. Even objectionable social net works are not exempted.

Biswanath Roy (Advocate)     25 March 2015

When sec.66 A  of the IT Act was declared as bad in law anything related to is also bad.  Although complainant can enjoy option to invoke some other sections of the IPC. against the alleged offender.

R.G. Singh (Intern)     25 March 2015

Arvind ji,  

 

Arvind ji,  the most important piece of evidence to save you are the emails exchanged between you and your ex-lover as you have already confessed that you deleted emails in her account per her instructions.

 

Now, I am not sure if you ex has committed/confessed that she wrote those emails, but it seems that she will certainly refuse. If the Cyber cell has not looked at the origination of those emails and you have not got the cyber cell to investigate the veracity , integrity of the those emails, then that evidence is as good as lost.

 

Also, have the call records got frozen for you and your ex for the confirmation of the calls which you are referring to for giving you the password?

 

Please understand that these are only two points in the circumstantial evidence that I am bringing in front of you from the query you provided.

 

Many such procedural, evidentiary and substantive points need to be sifted from the FACTS of your case.

 

I understand that you had a bad experience with a lawyer, but lawyers are as human as everyone else, some good and some not that good.

 

 

You need a good lawyer to defend you here, as already suggested by Roy sir and Kalaiselvan sir.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

Rightly analysed by Mr. R.G.Singh

mahendra limaye (Cyber Legal Consultant)     28 March 2015

If it can be proved that that she herself compromised with the password and provoked you to do the deletion act and also what are other facts of matter, case can be certainly made up in your favor.You can contact info@cyberorgindia.com for more detailed discussion.

Aravind Kumar Gunda (BOE)     29 March 2015

Thanks a ton to all the advisers replied to my query.

My reply to all the advisers who replied back to my query.

I have been understanding the system of the law, procedures, sections and etc etc. I have been making my research approaching legal persons who are my uncles, aunties and my legal advocates friends and being guided by the legal advisers through these kind of forums. Thanks once again.

Yes, I have all the documentary and physical evidences to prove about my innocence and her criminal mind-set. Certainly, I will prepare and gain full knowledge only concern to my case that how to perform in the trial before it is conducted.

Its because of India, she has been taking the women privileges from the Indian constitution even though she is a culprit, let her enjoy her honey moon period, but end of the day I will put her into the prison because even I filed a private case on her in my district court  under IPC sections 384, 506, 425, 499 and 500. Case was registered on her and summons were issued to her but she approached to the high court for quash. I  responded based on the notice received from the high court saying not to allow her quash petition and I filed quash petition against my case filed by her, now all the cases connected together and became one file in the high court. Any how its not going to happen in her favour because I filed a genuine case with all physical and documentary evidences. Now the status in the high court is pending since more than one year.

She herself destroyed her life and her parents destroyed her life too, not me. Nothing loss going to happen to me end of the day.

 

Nathaniel Peter (M.Sc (C.S))     01 April 2015

Arvind, when she disclosed the password to you through phone then you made a mistake by opening her email. You should have been wise in the first step just by recording the call and giving it to Police without opening her email OR  If you failed to record the call then you should have told the password in Court and not the Police because Court is the final step not the Police.

We must always learn to be wise.

Aravind Kumar Gunda (BOE)     02 April 2015

Hello Peter,

I never expected that she is going to make a complaint based on that, she intentionally and with her criminal mind-set made me get into trouble. 

But god is there, I will be certainly protected by the god. Because, I'm saying this, that she left lot many evidences that she intentionally did so and wanted to destroy my life through making me involve in multiple cases. 

Yes, I disclosed the password whatever I was provided by her during the investigation to the police, the police noted it in my statement of paper and submitted to the court. I will pray to the court to issue an order to the Google to generate reports that the same password was used by her or not. If she wouldn't have provided to me then how I would know it. Likewise, I will get truths from her mouth out during the cross examination even though I didn't record her voice during she was disclosing the password.

She wanted me to sign into her email, there was a conversation going on during the time. 

Peter, still there is a big story behind these cases, I can't put everything here, because I'm lazy in typing lengthy paragraphs.

I'm just posting here the necessary points to get clarifications, guidance and wishes from the legal advisers. 

 

 

 

 

 


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