498a,306, 406
SRIDHAR B
(Querist) 01 June 2012
This query is : Resolved
Dear Sir
On 15.01.2012 A-1 & his wife sanjana come back to Hyderabad from sanjana’s father house after celebrating the sankranthi festival. On the way Sanjana told A-1, In 2008 sanjana studying Degree 2 year, One day sanjana went to senior Raju house then Raju has given sleeping pills mixed Thums up. Then Sanjana was unconscious then Raju and his roomettes raped 2 day’s. Sanjana told this issue to Mr. Ajay. Ajay and sanjana went to hospital and taken treatments. In this issue onwards we have very deep friends, I told each and every issued including our personal issued also. Then A1 asked sanjana, Why u have not told this issue before marriage ? Why u r spoil my life ? Why u r telling now ? She told to A1, don’t worry I will leave you on 14th Feb’ 2012. Then A1 request her to don’t leave me, we will forget about the past and leave together. On 22.01.2012 sanjana told to A1 to call Mr.Ajay, I want to talk to him. A-1 has refused and told sanjana to don’t meet him. Then sanjana told me why u r bothered I will leave you on 14th Feb’2012 and I will stay with my friend. A1 tried to convince sanjana, but she called ajay. He came and meet sanjana at 6.00 P.M in front of A-1 the A-1 went out side. After 30 mints they disbursed and sanjana & A1 went to house.
Then Ajay has written a mail to A-1 and conformed rape incident. Mail details given below.
On 27th Jan’2012 Sanjan & A1 went from Hyderabd to A1’s home town for writing MBA exams. (A3 & A5 Living in Home town).
On 5th Feb’2012 sanjana was conformed pregnant. All family member (A2 & A4 staying in Hyderabad) very happy and congrats sanjana for giving a baby.
On 6th Feb’ 2012 sanjana’s mother and her brother came to A1 house .A1 told all issues to sanjana’s Mother and her brother. Then A-1 called A-2 and informed the issue (From 15.01.2012 to 27.01.2012,They don’t know this issue). A-2 came from Hyderabad at 4.00 P.M and asked sanjana. She was conformed the issue in front of her mother, her brother, A3’s uncle and A-1’s Father brother. Then sanjana, her mother and her brother went to sanjans home town on 06th Feb’2012. A-1 shoot this meeting in his mobile
I have asked Layarclubindia experts opinion on 17.02.2012
A-1’s father brother called to sanjana’s father for discussion of this issue several times. But they refused to talk with us.They told us, We will file 498 case against you & your family members. A-1 Called several times to sanana, But she was not lifted the phone from 10.02.2012. Then we told this issue to marriage mediator.Then he talk to sanjana’s father and conformed discussion date on 01.03.2012.
Investigation done so far, it is revealed that LW-1 is complainant and father of the deceased sanjana, whereas the accused A1 is the husband of the deceased and A2 to A5 are the brother’s of A1. The marriage of deceased and accused was solemnized on 26.06.2011 as per the customs and traditions prevailing in their caste. At that time of marriage the parents of deceased satisfied the accused A1 by providing sufficient dowry i.e, Rs.1100000/- and 3 ½ tulas of gold and other house hold articles. After the marriage the deceased and accused led their martial life amicably for 2 months and shifted to Hyderabad, where the A-1 is doing software job. At that time A-1 is used to visited the house in the late night hours and chit chat in his mobile with other 4 ladies
And hear the obscene language with them to the deceased. The A-1 used harass the deceased that he will marry 1 lady as he gave promise to her, for which she informed the same to LW-1. at the same instance the A-2 to A-5 also supported the A-1 and instigated him to harass the deceased mentally and physically. The same was informed to LW1 by the deceased with grief. On that they convinced the accused and deceased and sent them to Hyderabad. Later, they led their life amicably for some period, where the deceased while carrying 3 months pregnancy, the accused A-1 started harassing the deceased alleging that said pregnancy was not occurred due to him and it is by other persons, so saying he harassed the deceased mentally and physically, due to unbearable harassments the deceased left him and reached her parents house and staying with them. The deceased told these all harassments of her in laws to her friends LW’s10 & 11. On 28.02.12 morning at about 1000 hrs when the LW-1 and inmates went to attend their agriculture works, where the deceased was alone in the house and feeling agony of the harassments meted out the accused persons A-1 TO A-5, She completely vexed upon her life and committed suicide by hanging to the ceiling fan with her cunni, which was informed by their tenants.LW5 & 6 to LW-1 on phone at about 1300 hours afternoon, upon which they reached their house and found the deceased sanjana died due to hanging to with her chunni. In this way the accused persons A-1 to A-5 became responsible for the death of deceased.
By the evidence collected in the investigation it established that the accused is liable for punishment U/s.498A, 306, 406 IPC. Sec.3 and 6 of DP Act,1961.
While making efforts to apprehended the accused to-day i.e on 05.03.2012 at 8.00 hours on reliable information the accused A-1 to A-5 were apprehended at their house secured two panchas and interrogated them thoroughly. During the course of interrogation the A-1 to A-5 voluntarily confessed to have committed this offence. The confession statement the accused has been reduced in to the writing and I have also seized a school bus and 2 tulas bracelet and Rs.30000/- net cash at the instance of accused under a cover panchanama before the mediators LW’s 16 & 17. As such I brought the accused at 13.00. effected their arrest by issuing arrest memos, duly intimating the grounds of arrest to them and to their relatives.
A1 to A5 went to Police Station on 01.03.2012 and surrendered. Then police sezed the school bus on 05.03.2012 and mentioned in the ceazed report, Sanjana parents given 5 lacks dovery for the month of Jan’11. () for the month of Jan’2011
We released on bail we released the school bus with 2 lacks surities.
We request you to kindly clarify the following things.
1. Now the police told us, don’t use the bus for carrying the school students. If you use we will again seized the bus. But we purchased this bus on hire purchased scheme 4 years scheme on monthly Installment payment of Rs.33200/- from Magma Finance Limited, in the name of the society represent by A3 & school name, more over A1 is not member of the society. What can we do kindly advise.
2. A3 & A5 staying in Home town and A2 & A4 in Hyderabad, Why we are accused for this case.
We have following evidences’.
1. Sanjan Called Ajay from Aug’11 onwards, we have documentary evidence of mobile outgoing records
2. 23.01.2012 Ajay e-mail in telugu.
3. vedio recording
We have not done any mistake against sanjana. But our entire joint family suffering from this issue. We don’t know how to fight this case. We request you to kindly guide us.
Adv.R.P.Chugh
(Expert) 01 June 2012
Dear Querist,
At the very outset - consult a seasoned criminal lawyer in your state with complete documents.
1. Apply for Bail for those who are in custody.
2. Anticipatory Bail for those not apprehended.
3. The Girl was apparently under emotional trauma for the incident that she had gone through prior to marriage, this was not something that she was under an obligation to tell - she was a victim of circumstances and deserved a much more compassionate approach. This is exactly how the judge would think right now while deciding your bail applications. I would ask you not to emphasise on her RAPE prior to marriage. This may give the impression that she was tortured over this which led to her suicide.
4. The more logical thing would be to put this as "the victim was hypersensitive to ordinary petulance and discord" - and there was no abetment. Things were as cordial as they could be. Don't even give a hint that things were strained because of any pre-marriage circumstance.
5. On the contrary if it does come up you can take this line of thought that "She failed to recover from the psychological scars of rape incident - in which Husband did his best to make her forget but she could never get over the same.
6. The confessions take by police are not admissible against them. COmplain at once to authorities that blank papers have been got signed.
7.The evidence that you are talking about - would have to be closely perused to see whether it would help us. Such things are double edged swords - beware.
Let Justice be done though the heavens fall !!
Shonee Kapoor
(Expert) 02 June 2012
Phew, Great Job Bharat, could not have answered better
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
