I need a clear advice
sai
(Querist) 31 January 2014
This query is : Resolved
Respected sir/madam,
Some of my friends who have not tolerate my growth planned and made me accused in a cheating case with a girl(the girl who proposed me to love her,After my rejection she is angry on me)
Firstly i booked with 417 and 420,later they changed to 376 in charge sheet.
No medical report favor on her.
Sir/Madam my questions were,
1.If court had canceled the case am I applicable to write Civil Service Examination.
2.And any Govt. service job,Banking service without any obligation in interview or further in my professional life?
3.Can i get Passport and Visa? What paper should i submit when i need it.
Regards,
SaiRam
Devajyoti Barman
(Expert) 31 January 2014
1. Yes
2.If case gets closed then it is fine else you would be disqualified to get the job.
3.Yes. Need Magistrate's consent for this.
Guest
(Expert) 31 January 2014
Just go thro an IPS case in Tamilnadu available in website.Unless and until you are proved guilty nothing could restrict you
Rajendra K Goyal
(Expert) 01 February 2014
1. Yes you can.
2. Yes.
3. Yes , court permission required.
malipeddi jaggarao
(Expert) 01 February 2014
Agreed with experts.
Only problem is with Passport and Visa during the pendency of the case.
Biswanath Roy
(Expert) 01 February 2014
In reply to your query no.1 I say 'YES', WHEREAS REGARDING QUERY NO.2 MERE CHARGE SHEET IN A CRIMINAL CASE CANNOT PREVENT YOU FROM INTERVIEW BUT CAN BE THE BAR TO GET GOVT. OR BANK'S SERVICE.
QUERY NO.3. YOU WONT GET ANY VISA OR PASSPORT SO LONG CASE U/S. 376 IPC EXISTS.
I need mention here that without any medical report to prove actus reus is complete with penetration how charge sheet was filed u/s. 376 IPC?. As you claimed in your query no medical report was filed.
sai
(Querist) 02 February 2014
Sir.,
Actually before making charge sheet she got a medical test and reported as FAIR
and later(after charge sheet with IPC 376) my medical test had conducted and reported as NO DAMAGE
Biswanath Roy
(Expert) 02 February 2014
Although I have no scope to go through your case records yet I am apprehending some foul play. So far my knowledge goes it may be a fit case to quash u/s. 482 Cr.PC. So my advice better consult with an experienced and expert lawyer in Criminal Law.
Rajendra K Goyal
(Expert) 02 February 2014
Nothing concrete can be advised without going through the case file. Please consult your lawyer.
Devajyoti Barman
(Expert) 02 February 2014
Mere absence of medical document is not enough to get the case quashed.
In rape case the sole testimony of victim girl is even sufficient enough to convict the accused person.
Biswanath Roy
(Expert) 02 February 2014
@ Devajyoti Barman
Vide - JHALA & RAJU on Medical JUrisprudence,
5th. Edition, Page 460
I differ with you in rape case smsgma test is necessary to prove or disprove penetration as prima-facie proof for charging a male u/s. 376 IPC Which can be found from medical report only.
Devajyoti Barman
(Expert) 02 February 2014
Well, penetration is no more required.
Please refer the very recent decision in Parminder alias Ladka Pola .… Appellant Versus State of Delhi in Criminal Appeal No 133 of 2006 passed in the month of January, 2014 only.
As fare sole testimony of victim is enough to convict the accused person, give me some time to provide citation.
sai
(Querist) 03 February 2014
Sir..
Thanks for your reply
If I went to compromise regardless of conditions was any problem for professional life and can u explain with my query's
Regards.,
sairam.
ajay sethi
(Expert) 03 February 2014
what compromise are you talking about ? is the girl willing to say there is no rape . that it was consensual act . that you had not cheated her .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2014
Now the rape law has been made more draconian after NIRBHAYA Delhi case.
And that is even after few minutes in a moving lift the TARUN TEJPAL is still denied bail.
Penetration is not essential to accuse a person for rape.
Biswanath Roy
(Expert) 03 February 2014
Charge u/s. 376 IPC is non compoundable ,how you can compromise ?
For accusation, proof of penetration may not be required but at the time of filing charge sheet medical report in support of penetration is a must as prima facie proof of the allegation of rape. That is why in both of the cases NIRBHAYA & TEJPAL medical examine of the victim and the offender was conducted immediately after F.I.R.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2014
Please check the records .
TEJPAL victim even was flown on Govt expanse to Goa still the victim refused medical examination.
More ever in this case rape is not alleged but only alleged bodily touches with hands only. No genital of both parties were involved.
1) PLEASE ALSO FOLLOW SUPREME COURT JUSTICE GANGULI AND JUSTICE SWANTRAKUMAR CASES.IN THE LATER CASE DELHI HC HAS BANNED PRESS REPORTS OF ONGOING ENQUIRY BEFORE APEX COURT.
2)
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2014
extracts from news item in NEW YORK TIMES March 2013 about new rape law in India just to educate their citizens-
The bill defines sexual harassment, which includes “physical contact and advances involving unwelcome and explicit sexual overtures,” a demand for sexual favors and showing pornography to a woman who does not want to see it. Those convicted of harassment can receive prison sentences of up to three years.
Making “sexually colored” remarks is also included in the definition of sexual harassment, for which the bill prescribes a prison sentence of up to a year.
– The bill criminalizes the forced stripping of women, or disrobing, in public spaces or in private confines, with a minimum jail term of three years and a maximum of seven. Under the current law, disrobing a woman is not a separate offense.
– One of the more controversial provisions in the bill is the section on voyeurism, which seeks to punish men who watch or photograph women who are conducting a “private act,” such as bathing, using the toilet or having sex.
Biswanath Roy
(Expert) 03 February 2014
In the query Author stated thus " ....later they changed to 376 in the charge sheet " then how ADVOCATE DEFENSE can say "...rape is not alleged but only alleged bodily touches with hands only." In this context I have been confused whose statement is correct Author OR Advocate Defense?
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
1.If court had canceled the case am I applicable to write Civil Service Examination. ---- YES
2.And any Govt. service job,Banking service without any obligation in interview or further in my professional life? ---YES
3.Can i get Passport and Visa? What paper should i submit when i need it.
You have to obtain the certified judgment copy acquitting you from the case.
