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Mithun Chatterjee   24 August 2017

Legality of illegally collected evidence

I got married in 2009 as per HMA and in a central govt. service. My wife is in IT sector and developed an affair with a workplace colleague (her ex boyfriend) since past three years and continuously pressing me for divorce which I denied.

TWO years ago she illegally accessed my Gmail account from her own TAB sitting in a different city (i have known later on by checking IP logins) by hacking with my password and made a GMail chat (with erotic content) addressed to one of my past friend (by creating a fake account in my friends name). My friend is an unmarried girl and staying abroad. We never met each other also. My wife took the snapshots of the own created fake chat and now blackmailing me on the basis of those snapshots (she is saying it inflicted a mental cruelty to her). She has no other evidence regarding the alleged illicit relationship as it never existed in reality. I have never tortured my wife in any form at any time till date on any dowry/non-dowry issue. 

My wife has filed 498A/406/125 cases on me on 2015 end. In FIR she has not expressed anything about this chat but told that I am having illicit relationship with the named girl as some of my neighbors have reportedly informed my wife that I was seen roaming with my past girl friend. Now it is a vague allegation as the named girl is out of station since past 05 years.

Police has submitted a false half page chargesheet to court without any investigation where IO has not mentioned about any such illicit relationship. No documentary evidence of any kind attached with chargesheet. Only witnesses are my wife and her father mother.

Now I have several questions:

(1) Can mere adult chatting without the knowledge of spouse, even if taken true as prima facie be regarded as a mental cruelty and convictable under the modified ambit of 498A without any further evidence

(2) Isn't the illegal access to a third party conversation considered as infringement of rights to privacy? Then how can those snapshots be considered as evidence?  

(3) Can my wife summon my friend to court in 498A case to embarass her unnecessarily? 

(4) No documentary evidence has been attached with chargesheet of 498A. Though my wife only mentioned about the illicit relationship in FIR, but IO has not mentioned anything about it in the CS nor it is present in the witness statements. She had not submitted the snapshots to IO during investigation and hence not considered in CS. 

Can my wife submit the chat photograph later during the evidence stage and press about the illicit relationship as a clause of mental cruelty when it is not mentioned in the CS? 

(5)Can I press cybercrime act violation against my wife for illegally accessing my GMail account and infringement of privacy and producing fake documents if she produces the email chat photograph?? 



Learning

 2 Replies


(Guest)

perfectly and legally valid.

Raveena Kataria (Advocate )     08 September 2017

In my opinion, your wife should be liable under the IT Act (perhaps section 66c) as well as u/s 193 of the IPC for fabricating false evidence. You can file a police complaint under the aforestated sections, however I'd advise you to get in touch with a local advocate so he or she can assist you in the proceedings.

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