Queries related to ipc 377
Satyamev
(Querist) 28 December 2014
This query is : Resolved
question has been removed
Devajyoti Barman
(Expert) 28 December 2014
academic query sans any background details.
Satyamev
(Querist) 28 December 2014
first my wife tried to implicate me U/s 323,504,506,498A,3/4 DP....police is trapped in front of my evidences but they still want to file chargesheet....they are saying now ur wife wife is putting allegation of unnatural sex so if reinvestigation happens we need to include 377.
its abuse of process
ajay sethi
(Expert) 28 December 2014
allegation appears to be an afterthought . what prevented your wife from mentioning said fact at time of filing of FIR .
Devajyoti Barman
(Expert) 28 December 2014
Once charge sheet is submitted, go for quashing.
Rajendra K Goyal
(Expert) 28 December 2014
Take anticipatory bail and after charge sheet submission go for quashing.
Satyamev
(Querist) 29 December 2014
Dear Experts thanks for your advice. I am planning to go for Quashing once I get the certified copy of the Chargesheet as the Judge is yet to sign over it after winter vacations when the Court opens. But still I managed to hold of copy of chargesheet & case diary.
In the FIR she did not put this allegation neither in her statements but gave an affidavit afterwards that 377 ingredients have happened with me that's all without medical examination .
My statements actually never happened and they have been designed by the IO at his own will and on the advice of the complainant , well yes Police is biased & has been bribed.
Now , when I am insisting on re-investigation. Police says that if they assign a new IO they will have to record my wifes 161 CRPC Statements again & will have to produce her in front of Magistrate for 164 CRPC Statements & then they will have to add IPC 377. So for your interest it's good you accept the current chargesheet without much a fuss and noise, this is being said by the SSP,SP,IO...above that no one wants to listen to me.
That is why I am asking what is the medico legal aspect for IPC 377 my orginal post.
Devajyoti Barman
(Expert) 29 December 2014
Yes, police is right. Better challenge this charge sheet on quashing on these grounds.
Satyamev
(Querist) 29 December 2014
Experts
Can you explain me the Medico legal aspect to determine ingredients of IPC 377 w.r.t my first post.
Note: There is no provision of Anticipatory Bail in my Wife's state or in my state. I have Arresting stay that I got in WRIT Jurisdiction & I will go for Quashing in Criminal Revision with same day bail this is what I plan to do once I get access to the certified copy of the Charge sheet from Lower court after vacations
Can these be some of my grounds for quashing,please suggest :
State A : R/o Husband
State B : R/o Wife
1. Wife says,Dowry demanded in State A & she was beaten and tortured along with her dad in State A & thrown out of house by husband,MIL,FIL,SIL on a certain date & then she leaves for State B
2.Wife files FIR in State B U/s 323,504,506
498A,3/4 DP but all the criminal offences
happened in State A, nothing in State B.
Which is a Technical Ground that the commission of offence and Scene of Crime is State A but the Wife files a complaint in her home State b after a gap of 22 days as an afterthought
Correct me if I am wrong : by any means the state B has no Jurisdiction on State A nor the High Court of that state has Jurisdiction on State A so why was this FIR Registered and Chargesheetd when the Scene of Crime is State A & not State B.
Ideally it should have been investigated by Police of State A and the Crime should have been reported here in State A.
3. Husband and his Sister are not present at the Scene of Crime that is visible from Mobile CDR Records , Attendance records of Office and College as alleged by the Complainant in the FIR and her 161 CRPC Statements as they left in Morning for their work. But not sure if producing our own Mobile Tower Location History(CDR) is legal in the court.
4. On the date of crime , she got medical examination done from a Hospital in State A that does not fall on the way back home to her State B and submits to Police of State B & gives her statement that she was treated there,Med Certificate is attached in the CRIME CD.
Same Hospital gives in writing to me through Legal notice that particular Medical Certificate is forged & fabricated and no person in so and so name has been treated on that date for such injuries.
That means her entire construction of events of the scene of Crime in the FIR goes Null as according to her she was beaten for bringing less dowry,harassed for more dowry,thrown out of house on a certain date and she gets medical examnination on that date which the hospital denies and says its fake,forged & fabricated.
Is my Technical Ground on jurisdiction valid for Chargesheet Quashing ?
Are my grounds on merit ( not being at scene of Crime and False medical certificate)valid for Chargesheet Quashing ?
Comments Please
T. Kalaiselvan, Advocate
(Expert) 30 December 2014
Agreed with the experts advises. The author may have posted the query in a precise manner instead of a lengthy one.
