Offence under sec. 34,376,302 of ipc
tankesh kela
(Querist) 25 March 2012
This query is : Resolved
The story of prosecution is that three person called a working woman.They himself drunk wine and given wine with poison to woman after that they did sex with her and after that they called to doctor to check her by saying that one boy is ill.Then doctor came and see that there is a woman in dark light and after that he advised to carry her to hospital.In the morning time one man saw the dead body of a lady he informed the police.After that police registered FIR and he has taken the 164 Cr.p.c. statement of doctor, he told to magistrate according to prosecution story.
seized property- condom,wrapper of condom,Suhaga powder that is poison,bottle of wine from labour office that is the place of incident and dead body was found behind
FCI godown that is 15 foot away from labour office,one love letter is seized from the house of woman,mobile has also been seized of dead woman and doctor and also of accused.
I m not worrying about 376 because main witness with whom such type of offence has been committed is dead now.Tell me what defence should i taken in 302.
Nadeem Qureshi
(Expert) 25 March 2012
Dear Tankesh
are you accused in this case or you admit the offence?
PARTHA P BORBORA
(Expert) 25 March 2012
tell one thing the woman was admitted in a hospital then how her dead body was recoverd from a fci godown? who dicharge her from hospital? What is the cause of death? What is the time of death. Moreover do not think that as the victim is dead u r safe from 376 IPC.
Adv.R.P.Chugh
(Expert) 25 March 2012
Dear Querist,
You seem to be under a lot of misconceptions - it's a serious criminal trial - and not a joke ! nothing can be advised without having a look at the finest of details - however let me dispel some of your doubts:
i) The Dead Body/viscera of woman would reveal the factum of sexual intercourse - the spermatozoa in her body parts can live for quite some time. If the same is matched with your DNA - the factum of sexual intercourse would be established.
2) After that It would be your burden (S.106 IEA) to prove what happened afterwards - how did she die ? If you fail to do so.
No Defence can be suggested without a look at everything. Consult a seasoned criminal lawyer
PARTHA P BORBORA
(Expert) 25 March 2012
yes the circumstances prove your crime. Before her death she was with u, police seized poison and condoms and she was admitted in the hospital on your phone call, the chain of circumstances is enough to warrent the conviction if her post mortem revels that she was poisoned and raped.
but her dead body was not recovered from the hospital wherein she was admitted. Try to find out what happens with her after her admissions in the hospital till recovery of her body and you may find out Your defense in that point.
Shonee Kapoor
(Expert) 25 March 2012
I agree with reasoned advise, though actual advise on sensitive matter can be given only after seeing the complete documentation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
tankesh kela
(Querist) 26 March 2012
Actually she does't admitted in the hospital but the doctor was called by accused. After check-up of doctor ,doctor himself suggested to take her to hospital but accused were confirmed about the death of woman that's why they have thrown the woman behind FCI godown.
Shonee Kapoor
(Expert) 30 March 2012
No new light have been thrown, so it is diffivult to advise further.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
tankesh kela
(Querist) 31 March 2012
thank u but one eye witness doctor has become hostile so i can assure himself that now i can defend the accused very well. Thank u to all of u sir.
