Tech – Talk
Technical Section
Let me ask you a question : When a case is filed (or expected to be filed) against you and "Unless Proved Innocent You Are Guilt" theory works, how can you prove yourself innocent ?
You need Evidences. There are two types of evidences (1) Concrete Evidence (which can independently decide the case) e.g. a clear video recording and (2) Supporting Evidence (which independently cannot decide the case but when joined with circumstances and other evidences/events, it is usefull to decide the case).
Next is, to get these life saver evidences we need technology. I mean to say electronics and Information Technology. If used correctly, can prove yourself innocent and also can get vital information (from the other party).
Digital Voice Recorders : What someone spoke cannot be judged from the pictures but voice recorders can do it for you. Voice recorders are of two types Analog and Digital. Analog recorders (with cassettes and magnetic tapes) are not a good choice now a days. Digital recorder are perfect as of today. They are very small sized, full of features, well capable and compact. One can easily get a reasonably featured digital recorder for around 3500/- or so. I have a digital voice recorder which can record upto 34 (Thirty Four) hours of conversation. It works in person to person, telephonic, hidden recorder mode, remote mic mode and much more. It can transfer the data to computer and to a CD in turn. It works superb as a Telephone Recorder. You connect it to the phone line (hide it) and it works for around 18 hours at a stretch (battery life). No beep is issued to the other party. It can used almost everywhere Home, Phone, In Car, In Office, In Meetings and absolutely every place which you could think of.
An important feature of the Digital Recorders is “Voice Activated Mode” means if this mode is activated, the digital recorder will Keep Recording as long as voice is there and If no voice for a few seconds then the recorder goes to standby mode and when the next sound comes in It again starts recording it. The advantage is we get removed the “silence” portion of recordings (saves memory and we get long battery backup). Voice recorded files from digital recorders can be transferred to computer and CD and the same CDs could be produced in court as evidences.
Files recorded by Digital recorders can be played on the house hold CD players.
Tip : Use rechargeable batteries in Digital Recorders. Mine uses AAA size eveready 2 cells rechargeable and single pair of batteries can drive the device for around 16 hours.
CENIX, Olympus, Samsung, LG, Sansui and almost all electronics manufacturers manufacture Digital Voice Recorders
Some of the useful links are
http://www.olympusamerica.com/cpg_section/cpg_voicerecorders.asp
http://electronics.listings.ebay.in/Electronic-Gadgets_Voice-Recorders_W0QQsacatZ14960QQsocmdZListingItemList
http://www.tcc-qatar.com/DVR.htm
http://search.ebay.in/digital-voice-recorder_Voice-Recorders_W0QQsacatZ14960
http://www.google.co.in/search?hl=en&q=Cenix+%22Digital+Voice+Recorder%22&meta=
Own Mobile Call Recordings : You can ask you mobile dealer to workshop guy to install a call recording software in your handset so that it keep recordings of the calls. You can put the whole thing on a computer and on a CD in turn. Most of these softwares issue a beep sound to the other party so that the caller comes to know that your call is being recorded.
by Sachit Dalal- SIF Activist
Friday, May 11, 2007
Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))
Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))
Hi All,
Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).
Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.
Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.
Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.
This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).
I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.
Warm Regards,
Gokul - http://gokul.go.to, 9821414336(Mumbai)
PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
***********************
need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.
Hi All,
Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).
Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.
Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.
Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.
This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).
I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.
Warm Regards,
Gokul - http://gokul.go.to, 9821414336(Mumbai)
PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
***********************
need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.
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