Megha Varshney
Asked August 19, 2016

Dispute Settlement

  • 2 Answers
  • 235 Views

Photos more My Father is a Bank Manager in a rural Bank in UP, he has been doing exceptionally well in his work and got rewarded by chairman. 6 months back he has been framed in a severe hack of his bank account where 1.3 crores got transfered from bank's suspense to a individual account of a person who belongs to that same district using my father's userID and Password. Even though the account holder could only dispense 10lakhs before he was caught. My Father remained suspended for 6 months after the departmental inquiry and resumed after that. Even though he resumed his office, police enquiry was going on and the police demanded demanded bribe to close the case. Since my father denied that, the SHO filed a chargesheet against him and declared him as guity u/s 420 467 468 471 66d of IT act. He has been seeking bail from allahabad high court , but that also didnt happen and finally the distrcit court judge sent him to jail until the charges are not prooved as wrong. Even though his account was hacked by some third party and he has no knowledge about it that how it can be hacked, he is unable to proove his point in front of the court. He is currently in jail without doing anything wrong, just that he is being framed into all this. He has hired an advocate for that but that also of no help as this is a very different case. I dont know what I should do to help my father in this case. Whom to approach, should I go for any cyber security case related advocate or should I file a case in High Court. if anyone reading this, who has any knowledge of advocates related to such cases, please send me their contact. Please help me, any help is deeply solicited..Thanks.

Answers 2

from information provided,  you have  to povide follwoing further information :

1) how are your father and transferee are related ?

2) explain the practice of transferring amount to third party by branch where your father is manager , who are the persons involved in the process ? is it only your father alone?  . Normally , in the process fo transferring amount to third party, two or more staff persons are involved.  who are the other staff persons  in process of transfer ?  what are the reasons they are not made accused ? 

3) trace out who is the person who used your fathers ID and password.

3) justify  why your father is not guilty of transferring amount from Banks suspense account to transferee account which is to be  you ?

upon posting above information and further  information , you may be advised properly by advocates on this forum 

Agree Comment 0 Agrees 11 months ago

Firstly, we are sorry to hear that your father has been falsely accused for the crime he has not done. You will have to appeal to the High Court to set aside the order of the District Court. I would strongly recommend you to seek help from the Cyber Experts for real and proper investigations since the technicalities related to computers and the back accounts can be easily examined by them and they can help you sort out the evidence such as documents and records to counter the false allegations charged on your father. As they will only be able to prove your father's innocence. 

 

The charges against your father on embezzlement of money fraudulently which is exactly to be ten lakh is a serious crime to begin with. Since this is the case of the cyber crime. A Criminal appeal in the HIGH COURT at NEW DELHI, Rajeev Kumar and Ors v State Through CBI, the Branch Manager was accused of abusing his designation and allowed fictitious  claims to bogus claimants/firms. He was supposed to have granted the claims while the "Sufficient documents" were missing. He was found guilty under sections 420, 467, 468 and 471 of the Indian Penal Code. But High Court reversed the decision as they found that the CBI had not properly investigated the documents before and believed to have said that the branch manager had granted claims on in-sufficient documents. It was proved in the High Court that the Branch Manager had GRANTED the claims on the basis of the sufficient claims. Hence, the High Court acquitted the branch manager. 

 

Seeking help from the Cyber experts to prove your father innocence would be highly recommended as the evidence which a normal person cannot figure out. The cyber experts can help you at least in the way of proving that the computer or the bank account of your father could have been hacked. If there is a room for doubt, it will help your case. 

 

Also, your case involves electronic evidence since it is connected with hacking of bank account. And electronic evidence is considered to be secondary evidence hence, for any electronic evidence to be admissible in court of law MUST comply with the Section 65-A and 65-B of the Evidence Act, 1872. Because non-compliance would render the credibility of the electronic evidence to nothing. The landmark case Anvar v Basheer, the Court have strictly laid down that the electronic evidence must be in compliance with section 65-A and 65-B of the Evidence Act, 1872. Since, electronic evidence is a secondary evidence it must duly be CERTIFIED by the person holding OFFICIAL STATUS who is an EXPERT in the related electronic device. Only then can the electronic evidence be considered as a primary evidence in the Court of law. 

 

We also suggest you to appeal to the High Court sooner since the Article 115 of the Limitation Act, 1963 says that the limitation period for appeal to the High Court against the criminal order or sentence passed is Sixty days. 

 

We hope this response will help you. 

Agree Comment 0 Agrees 11 months ago

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