Counter cases after winning the original false case against you(498a, etc)

(this post was originally a reply to a SIFian who posted his win in the false 498a case against him, in the SIF yahoogroup, and wanted to know how to about filing counter cases and when, etc.,.)

Dear Cruise and all,

Where did your case get "dismissed" under what Cr.PC section(s)(discharge@lowercourt-239Cr.PC, quash@highcourt-482 or aquittal(which court)-on wat grounds on benefit of doubt, lack of proof or complaint/FIR found to be false). All these factors will decide ur next strategy. Read ur judgement thoroughly, write in here. 

If its an acquittal(as I think it is) at lower court, the appeal period is 30(or 60 days, just check the books/lawyers), if its a high court order the appeal period is more(90 days I think). You can file counter cases like defamation/malicious procecution/IPC211/189 and other sections etc which are in my blog post u r reffering to, immediately after the appeal period(starting from written order got in hand, to be safe).

Now if getting a divorce is ur priority it would be better that u appeal for divorce in cruelty grounds(citing the 498a judgement) and you could get a fast divorce(say 2-3 sittings, may be u can waive of the 6 months mandatory cooling period, since there's nothing to cool down, even though recently SC has insisted that this 6 months be strictly adhered to(for what, especially in this case)). You can file for divorce right now. 

After u get a divorce, but before the "period of limitation"(and 2nd marriage, if u r planning, since that's an energy-sink for sure, u may not even have time to remember ur name sometimes!) you can file the counter cases.

"Period of limitation(PoL)"(though delays beyond PoL may be condoned, don't depend on this) varies with respect to the respective counter case sections u r planning(and have grounds for it. ie a clean judgement in which complaint is termed as false directly or indirectly), for eg. If you are planning for defamation(criminal) ie. IPC 499, the period of limitation is 2 years(since the maximum punishment for defamation is 2 years: IPC 500. Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.) .

Refer http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html for details on counter cases.

Make a strategy, and then fire at will, don't leave without guns blazing, turn all over rage, past and present, into energy to run and win the counters(justice-counters is what I call them), this is not just for you, this is for cleaning the pond we are living in, so do well, and do it right!.

PS: Almost all scenarios of a war against 498a/ 'Legal Terrorism' journey is addressed here: http://bit.ly/faqsif , the rest we have 1000s of web resources by SIFians themselves by now(blogs/sites/forums/articles/mail-archives), get knowledgeable yourselves, don't depend on even your father, let alone your bloody lawyer.... aim to win, and leave the rest to destiny. 

PPS: In all this don't forget to enjoy life, with all your rage and frustration converted into a rightful crusade, you will be in a position to enjoy life to the fullest while being a staunch crusader... a truth-warrior.

Courts ackowledge the evil of Perjury

This post has connection to the post about Counter Cases possible in case of false criminal cases against one(whether the cases against you are still going on, or decided).

*********************Supreme Court Judgement about Perjury in a Rape case**************

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NOS. OF 2008
(CRIMINAL MISC. PETITION NOS.8515-8516 OF 2008)



Mahila Vinod Kumar i .....

Petitioner

Versus

State of Madhya Pradesh .....Respondent

JUDGMENT

Dr. ARIJIT PASAYAT, J.



1. Heard learned counsel for the petitioner.

2. Delay condoned.

3. Though, we are not inclined to entertain the special leave petitions, but we find that there is a need for expressing views on action to be taken for maliciously setting law into motion.

4. The petitioner lodged a report against two persons at Pichhore Police Station to the effect that on 28.1.1993 between 6.00 to 7.00 a.m. she was waylaid by them who dragged her and committed rape on her, one after another. She claimed to have narrated the incident to her father and uncle and, thereafter lodged the report at the police station. On the basis of the report, matter was investigated. The accused persons were arrested. Charge-sheet was filed. The accused persons faced trial for alleged commission of offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (in short `the IPC'). The accused persons abjured their guilt. During trial, the petitioner stated that she had actually not been raped. As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001. The Trial Court found that the petitioner had tendered false evidence and had fabricated evidence against the accused persons with the intention that
such evidence shall be used in the proceedings, and, therefore, directed cognizance in terms of Section 344 of the Code of Criminal Procedure, 1973 (in short `the Code') to be taken against the petitioner. A show-cause notice was issued and the case was registered against the petitioner who filed reply to the effect that being an illiterate lady, she had committed the mistake and may be excused. The Trial Court found that the petitioner admitted her guilt that she had lodged false report of rape against the accused. She was, accordingly, sentenced to undergo three months' simple imprisonment. Aggrieved by the order, the petitioner filed an appeal before the Madhya Pradesh High Court, which, by the impugned order, was dismissed.



5. Stand before the High Court was that being an illiterate

lady, she does not understand law and the particulars of the

offence were not explained to her and, therefore, the appeal

should be allowed. This was opposed by the State on the

ground that the petitioner had admitted her guilt before the

Trial Court and, therefore, the conviction is well founded. The

High Court perused the records of the Trial Court and found

that in the show-cause reply she had admitted that she had

told lies all through. The stand that the particulars of the

offence were not explained to her, was found to be equally

untenable, because in the show-cause notice issued, relevant

details were given. In the first information report, and the

statement recorded by the police, she had clearly stated that

she was raped by the accused persons. But in Court she

denied to have stated so. Learned counsel for the petitioner

submitted that the Court imposed 15 days' simple

imprisonment which is harsh. But that is not the end of the

matter. The petitioner filed an application before the High

Court stating that a wrong statement was made before the

High Court that she had already suffered custody for 15 days,

which weighed with the High Court to reduce the sentence.



6. Learned counsel for the petitioner stated that being a girl

of tender age, she was pressurized by her mother and uncle to


give a false report. This is at variance with the statement

made in court during trial to the effect that she had not

reported anything to the police. It is a settled position in law

that so far as sexual offences are concerned, sanctity is

attached to the statement of a victim. This Court, has, in

several cases, held that the evidence of the prosecutrix alone

is sufficient for the purpose of conviction if it is found to be

reliable, cogent and credible. In the present case, on the basis

of the allegations made by the petitioner, two persons were

arrested and had to face trial and suffered the ignominy of

being involved in a serious offence like rape. Their acquittal,

may, to a certain extent, have washed away the stigma, but

that is not enough. The purpose of enacting Section 344,

Cr.P.C. corresponding to Section 479-A of the Code of

Criminal Procedure, 1898 (hereinafter referred to as `the Old

Code') appears to be further arm the Court with a weapon to

deal with more flagrant cases and not to take away the

weapon already in its possession. The object of the legislature

underlying enactment of the provision is that the evil of

perjury and fabrication of evidence has to be eradicated and

can be better achieved now as it is open to the courts to take

recourse to Section 340(1) (corresponding to Section 476 of

the Old Code) in cases in which they are failed to take action

under Section 344 Cr.P.C.



7. This section introduces an additional alternative

procedure to punish perjury by the very Court before which it

is committed in place of old Section 479 A which did not have

the desired effect to eradicate the evils of perjury. The salient

features of this new provision are:

(1) Special powers have been conferred on two specified

Courts, namely Court of Session and Magistrate of the

First Class, to take cognizance of an offence of perjury

committed by a witness in a proceeding before it instead

of filing a complaint before a Magistrate and try and

punish the offender by following the procedure of

summary trials. For summary trial, see Ch. 21.



(2) This power is to be exercised after having the matter

considered by the Court only at the time of delivery of the

judgment or final order.

(3) The offender shall be given a reasonable opportunity of

showing cause before he is punished.

(4) The maximum sentence that may be imposed is 3

month's imprisonment or a fine up to Rs.500 or both.

(5) The order of the Court is appealable (vide S. 351).

(6) The procedure in this section is an alternative to one

under Sections 340-343. The Court has been given an

option to proceed to punish summarily under this

section or to resort to ordinary procedure by way of

complaint under Section 340 so that, as for instance,

where the Court is of opinion that perjury committed is

likely to raise complicated questions or deserves more

severe punishment than that permitted under this

section or the case is otherwise of such a nature or for

some reasons considered to be such that the case should

be disposed of under the ordinary procedure which
would be more appropriate, the Court may chose to do so

[vide sub-section (3)].

(7) Further proceedings of any trial initiated under this

section shall be stayed and thus, any sentence imposed

shall also not be executed until the disposal of an appeal

or revision against the judgment or order in the main

proceedings in which the witness gave perjured evidence

or fabricated false evidence [vide sub-section (4)].




8. For exercising the powers under the section the Court at

the time of delivery of judgment or final order must at the first

instance express an opinion to the effect that the witness

before it has either intentionally given false evidence or

fabricated such evidence. The second condition is that the

Court must come to the conclusion that in the interests of

justice the witness concerned should be punished summarily

by it for the offence which appears to have been committed by

the witness. And the third condition is that
before

commencing the summary trial for punishment the witness

must be given reasonable opportunity of showing cause why

he should not be so punished. All these conditions arc

mandatory. [See Narayanswamy v. State of Muharashtra,

(1971) 2 SCC 182].



9. The object of the provision is to deal with the evil perjury

in a summary way.



10. The evil of perjury has assumed alarming propositions in

cases depending on oral evidence and in order to deal with the

menace effectively it is desirable for the courts to use the

provision more effectively and frequently than it is presently

done.



11. In the case at hand, the court has rightly taken action

and we find nothing infirm in the order of the Trial Court and

the High Court to warrant interference. The special leave

petitions are, accordingly dismissed.





................................J.
(Dr. ARIJIT PASAYAT)



................................J.
(P. SATHASIVAM)
New Delhi:
July 11, 2008

Counter cases during and after the case against one

And here comes the mother of all 'Cracks' for this bar of 195 Cr.PC , see below the links for the landmark judgement of Marwah Vs Marwah(Citation 2005 (4) SCC 370), I have used this in my counter cases(under sections 209, 211, 195, 197, 460, 463, and whatnot, even I lost count). Download this judgement here.

See a post explaining all this: http://bok498a.blogspot.com/2007/05/arrive-with-guns-blazing-counters-quash.html , actually sit and read the whole blog as I suggested initially :), it will serve u good, take my word on it. See my case details and the killer thoughts behind planning a counter-offensive(our military bretheren must be keen on knowing these counter-surveilance mode thoughts) at http://f1.grp.yahoofs.com/v1/wPl1SANrqCIhMSTl0U7w520JpBhhfMhdPUY1lvs3qyneu0J04Xsc7h2Aox4lpxErTKuroEt2HHsw2lfDZTUAAw/Counter%20Charge%20498a.pdf (also attached, this is an ealrier version so it has some factual errors, like the explanation of Cr.PC 340, is wrongly refering to that of IPC 340, will correct it soon and re-upload/blog for posterity)

For Dowry Prohibition section, 3(giving dowry being punishable) please see the following links


Nyayayodha's blog

Following is the link for section for tortured husbands(needs you to register in this site and be logged in) :-

http://www.ghrs.in/index.php?option=com_content&task=category&sectionid=21&id=35&Itemid=117

Following is the link to Sample DP3 application :

http://www.ghrs.in/index.php?option=com_content&task=view&id=95&Itemid=154

******
Hi Gokul ji,

I was just reading CrPC-Section 195 and it says that

"No court shall take cognizance - Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court"

Thanks & Regards
Jaspreet Singh

On 7/10/08, Gokul P.R wrote:
I am mentioning below some IPC sections which can be generally used to file cases against the wife's side. The is RIPE NOW, GO FOR IT. When u r planning for counter offenses, read the posts in http://bok498a.blogspot.com/ which gives u pragmatic insights to dealing with court system, advocates and the Police, theory may not work, but insights coupled with consultations will.

S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.361 : For child - Kidnapping from lawful guardianship
S.378,380,381,382 :Theft
S.383 : Extortion
S.402 : Dacoity (Cognisable, Non-bailable and Non-compundable- just like 498a :)
S.406 : Criminal Breach of Trust
S.463 : Forgery
S.499: Defamation
S.506&507: Criminal Intimidation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) - Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more


Regards
Gokul

Buddy Aa wrote: Hello All,

i am working in Indian Army and my brother has been harassed by 498a .

After getting b-report/final report in the charge sheet can put
counter cases like miss use of 498a ...?

1. Is this right time (after B-Report) to put counter cases of miss
use of 498a? or its too late now ?

2. Defamation case ?

3.182 IPC ?

Please list all the counter cases for 498a and relevent cases .

Also I would like to know all these counter cases are civil/criminal ?
Please give me some more details how register all these cases and
what needs to prepared ,i don't want to put any false cases and then put myself in trouble......if any one has done this please share
experiences. .....etc

I don't want to teach a lesson to 498a wife, I would like to seek for
justice and fair for my brother who have been legally terrorised by 498a
and 498a wife.....Etc

Please send me the quite capable with very good reputation advocate in Hyderabad.

Please help

regards,
Buddy

First striker's advantage- A live saving option

If we leave our inhibitions and only go by survivalinstincts- we will strike first(when we are under threat of a false case by the wife's side), but alas we are prisoners of our ownshackles(inhibitions, emotions, etc.).

Its not easy to strike first- my family did not strike first since wealso thought "How can a girl's family ruin the girl's marriage byfiling false cases on husband&family". That too when the girls own relative(who knew their mentality too well, and could see the falsecases coming) actually hinted us to strike first, but at that point we never thought it was actually a life saving hint.But after experiencing these things for the last 5 years personallyand through others cases, I really believe that striking first is one of the most fruitful actions, if the situation and capability of the victim warrants it.

I have seen this strategy winning hands down in 2cases which I know closely.Now what else do we want other than the clarity of mind!. When one issure that its a war looming over, one has to break the shackles ofemotions and fight single-mindedly- for the WIN. Of course there areother ways of peace, try them if they apply to your situation.

I just felt that its time for this strategy to become open(let all pre-498a try it), what better way to introduce it in yahoo group. But the tragedy is that even then very less number of people will trythis sure-shot strategy(because of fear, forgiveness, wait&watchpropensity, etc.). At the same time shrewd guys from the oppositecamp will take note. Its always a trade-off isn't it, like life.

I am of the belief that we should flood the courts with firststrikes, this should not remain a phone line secret anymore. This kind of extremism is now warranted since normal defence is not working(will yield only years of painful defence). Last but not the least:this is not a secret for legally aware persons, for them its thefirst option :) . So let there be fire-works, we need all pre-498aguys to think on this lines, fire at will.All helplines to take note too. If in pre-498a, let them strike first.

So I would recommend a counter offensive stretegy, if a first strike is suitable in case of any pre-498a case(using IPC 503, 389, , 341, etc as the case may be. Refer Indian Penal Code sections at : http://www.vakilno1.com/bareacts/IndianPenalCode/indianpenalcode.htm )

regards
Gokul

--- In saveindianfamily@yahoogroups.com, Virag wrote:>>
Agreed, Offense is the best form of defense, but there is a majorrisk> involved here. The question that comes here is, "If I initiatelegal action,> they will definitely file 498A" and normally everyone wants toavoid legal> hassles as far as possible until it hits them.>> And this mindset only has allowed the misuse to grow.>> But what people fail to realize is that a 498a type girl willanyways file a> 498a and in that case, the first legal action by the husband willdefinitely> help.
--- In saveindianfamily@yahoogroups.com, Gokul wrote:>> Hi HubbyinTrouble, As we discussed in our telecon, take the first striker's advantage if you are upto it(I have not seen people who are willing to take this risk, but I see that in you, so my advise is nothing else but GO FOR THE KILL). This is not a impetuous advise as some may think, this is the method which I have seen working in 2 of the cases, where the girls side had to run with their pants down Of course one should do an analysis of the competition, if they are advocates and love fighting cases, and thrives on them, then u may have to rethink - but an average greedy girl's family will be crushed with the kind of evidences Hubby in Trouble has with the use of IPC 503(Criminal Intimidation) and 389(Extortion threat) + whatever IPC sections applicable in one's case(hubby in trouble has a chance to use manhandling too, from what he told me). This coupled with some more finer points which we can discuss over phone will brighten your chances of sending the opposote party packing. Discuss this with Suresh too for his inputs. So if one has the situation like this and can take the risk of being the first to reach the court, the chances for him is better(conditions as above). This is a classic case of "Offence in the best Defense" . This should be the new option which has to be emphasised when counselling pre-498a members - GO FOR THE KILL(if the person is willing, and situation permitting) Warm Regards,
Gokul, http://gokul.go.to, 9821414336(Mumbai)Editor - www.siftimes.com , Director- www.pifngo.infoProtect Indian Family: "For Family Harmony.. Against Legal Terrorism" Re: My Wife Called Me Yesterday and Threatened Me & My Mother!!! Posted by: "r_agr1" r_agr1@yahoo.com r_agr1 Sat Jun 14, 2008 4:33 am (PDT) Once she files a 498a case. Take a anticapatory bail and then file a private complain under IPC 503, 389.For criminal intimidation.Don't do it right now . Keep your mouth shut. other wise she will be too severe on her complain accuse of physical assault. Keep on gather evidences.RegardsRahul
--- In saveindianfamily@ yahoogroups. com, "bharati8000" wrote:>>
we had raised this issue times and again to helpage that dowry laws > are being used as an abusive tool and they should raise their voice > aainst it as even per WHO elder abuse is happening due to the 498a > laws > > Helpage are the one who run elders helpline in police station and > She can contact the helpline in the police station run by her own > organisation.> My mohter had absolutely no help from them . See if you mother can > get better help from helpage. > >

--- In saveindianfamily@ yahoogroups. com, "hubby_in_trouble" > wrote:> >> >
I had taken advise of all my SIFF brothers and sent an RTI to theGovernment Housing Board asking for all details of the propertywhich has been built through my funds from my NRI account by mywife. My wife on several occasions had declined to show me anypapers regarding this house and loan ammount she was paying statingthat she has all rights over my monies and as a wife she need nothave to me accounts of the same. Therefore I sent RTI to the housingboard last week asking for details.

Yesterday she called me and threatened me on my phone of direconsequences and also threatened that she will put my mother and mein jail. She used all sort of foul language and she talked for morethan 8 mits. I was very calm during this entire episode and kept mycool. The whole conversation is on tape now.

Now how to safe guard my mother who is a paralysis patient on theroad to recovery, who is 72 years of age, who is well placed insociety as a Senior Citizen, who is a active social worker andhonaarary secretary to a Orphanange, who is a Adhikari at DignityFoundation for Senior Citizen, who is also a Secretatry for Old AgeHome. CAN I APPLY FOR A AB WITH THIS RECORD????? PLEASE HELP ME BYANSWERING THIS.AFTER SAFEGUARDING MY MOTHER, PLEASE SEND SUGGESTIONS AS TO HOW TOPROCEEDE FURTHER. I WANT TO STRIKE HER BEFORE SHE HITS ME AND I WANTTO DO THIS WHEN THE IRON IS HOT.

FOR ONCE LET THE HUSBAND START THE SHOW ON A FALSE WIFE!!!! PLEASEADVISE!!!!

Can I put a counter charge using 156 Sec 3 of CrPc??? Can I file anFIR on Criminal Intimidation under the IPC????? At least this way Ican make her run from Pillar to Post before she can even think ofwhat hit her.Please advise.If she files on a later stage can I counter it under section 482,her FIR saying that it is a counter blast to my RTI which has puther in a tight position????? Please advise as to what steps should Itake now to do this?????? A 498a member on the forum enlightented meon this issue. I would appreciate if other members can send thierviews urgently to my email ID hubby_in_trouble

Using Adultery law for winning 498a case

Adultery case against your wife's paramour will work, but there are some loopholes in the Adultery law in this regards(which was used by Sanjay Dutt recently, when his partner Manyata's husband alleged crime of Adultery against Sanjay dutt, claiming that manyata is still married to him- the first husband).

See the written law below(see a related post here http://bok498a.blogspot.com/2006/08/impossible-is-nothing-dont-let-your.html).

*****************

Section 497. Adultery: http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htm

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.

******************

So if the paramour claims that he did not know that she is married he could escape from the purview of the law(like Sanjay Dutt did).

So in this context you need to properly frame the paramour and get him commit somewhere that he knows she is married to you, and then go to court with this evidence with you.

As such this allegation of adultery has been found successful in cases were the paramour has some degree of influence on the girl/girls family. When the paramour is cornered he will naturally influence the girl/family to ease you out of the 498a, so that you in turn return the favour and helps him out of the mess.

Witnesses and photos are enough to get your adultery case admitted in the case and that whats sufficient(who cares about winning a case after 10 years of litigation!). More , if needed, on phone

Warm Regards, Gokul, http://gokul.go.to/,

9821414336(Mumbai)

Editor - http://www.siftimes.com/ , Director- http://www.pifngo.info/

Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"

--- In saveindianfamily@yahoogroups.com, "ksdvali" wrote:>>

Hi,> > location is kadapa, AP. If any local activists from here plz > send mail. what kind of charges we can place on her BF. Is it a civil > or criminal crime. My intention is not sue wife for adultery/divorce. > But to sue the BF for indulging in adultery supported by wife and her > relatives. > >

rgds,> KSD> > >

--- In saveindianfamily@yahoogroups.com, Rahul Verma > wrote:> >> > yes, of course u can file adultery case on her BF.> > in fact u can file adultery only on the guy bec adultery is the > birth right of indian woman. it is not a crime for an indian married > woman to sleep around, but her boyfriend can be in serious trouble > > you can get a divorce on grounds of adultery but u cant sue ur wife > for adultery, though if u sue the bf she comes under pressure too, > and the idea is to build an attack from multiple sides.> > abt the lawyer, which city are u in? have u met the local sif > activists> > > > > >

----- Original Message ----> > From: ksdvali > > To: saveindianfamily@yahoogroups.com> > Sent: Tuesday, June 17, 2008 2:07:50 PM> >

Subject: [SaveIndianFamily] Price of adultery> > > > > >

Hi to all memebers,> > > >

Can we file adultery case on the wifes BOYFRIEND directly when > > have some evidences (some photoes & witnesses). The wife has filed > 498a > > Case recently when asked to change her behaviour. > > > > If yes, May i know the name of law name & number. if possible send > some > > sample documents.> > > > Urgent reply required.> > > > THanks in advance.> > > > regards,> > KSD

Evidence–A Life Saver:Digital Voice-Recorders

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

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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

Preparing to Defend your legal problems

Understand the false case against you is just another problem, which can and need to be solved

Analyse the FIR and their statements for contradictions within(statements and written statements at different times may have contradictions, example incidents, weights, numbers etc.).

Pick up allegations against which you have evidence on the contrary, and put a petition to Police station and DCP in-charge asking them to investigate on these lines and to submit final report accordingly.

The Police can bring out three types of Final Reports(in which case the complaint will not be prosecuted in the Court, since the allegations are not maintainable at a court of law) as follows 1) Type A Final-Evidence of Allegations is not enough to be tried in the court 2) Type B final- Allegations are false, hence need not be tried in court 3) Investigation on the Allegations are inconclusive, so need not/cannot be tried in the court. Though these are technically possible, the police does not bother to neither take the responsibility of investigating not defending such conclusions by them!. But it is your right to get a proper report on the above lines and avoid court trials/litigation.

For the court to try/prosecute you, the police should be submitting a "Charge-Sheet, usually even in this case the police seldom come out with any inference of their own, they just compile all allegations and statements from the complainant and all the counters and statements from the accused and avoid taking any responsibility.

If you suspect any bias in the authorities against you, send petitions to higher authorities, while keeping the erring personnel a copy of your petitions so that its acts as a pressure to act in accordance to justice. See a related post here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html .

To come up with specific ways to counter your specific problems, first you have to think with a problem-solving attitude, and not panic or be despondent. You know the ways to get out, only if you think calmly. All the best.