Ipc-376/417...false promise of marriage

Rohit_talukdar (Querist) 21 March 2014 This query is : Resolved
Dear All,

Myself is sunny. One girl booked me under- IPC-376. I am narrating the fact below. Please help me out.

VG – Name – Mani, Age-26

Brief Narration of Mani in the FIR

1.0 Mani is a innocent and a very simple girl. We meet and exchanged our ph. no. We used to talk over phone some days.

2.0 Sunny proposed me and expressed his willingness to marry me. I accepted the same.

3.0 We used to visit many places and one day sunny took me to a hotel. There taking the advantage of my simplicity Sunny had sex with me without my consent and with promise of marriage.

4.0 I asked for marriage after some day and He and his family rejected. Hence this FIR.

5.0 Also Sunny is a loose character person. He cheated on other girl in same way.

Brief of Chargesheet

1.0 FIR attached.

2.0 Statement of Aunty of Mani under 161 C.r.P.C –

Mani and Sunny in deep love. All know about their relationship. As they are going to be married I have given them safe opportunities to meet each other in my house lonely many times. With this opportunity Sunny used and took pleasure of Mani’s body. Also they have visited a Hotel and there Sunny used Mani… ..etc… .etc…

( This is totally lie. Me, Sunny and one of my friends, Tuhin visited that Aunty’s house with Mani only once. I and Tuhin talked with grand mother of Mani about her health and then after having sweets and tea we leave their house. Staying at Aunty’s house will be approx 40 mins. Also we never acted like lover and Mani introduced me to her Aunty as a friend only.
)

3.0 Registration File of Hotel – No registration done in the name of Mani & Sunny.

4.0 Statement of daughter of Aunty under 161 C.r.P.C - Age-24 and same statement as Aunty.

5.0 Statement of Mother of Mani under 161 C.r.P.C – same statement as aunty. Also she told that she knew everything from the beginning and always had given opportunity to her daughter to meet sunny.

6.0 Statement of Riya under 161 C.r.P.C – Mani and Riya are friend. One day Riya accompanied Mani to meet with Sunny. Sunny took them to a hotel. There Sunny had taken Mani force fully to a hotel room infront of Riya. Also Sunny used Mani at Aunt’s house many times.

7.0 Statement of Mani under 164 C.r.P.C – Mani’s statement in front of Judicial Magistrate same as narrated in FIR. (It is ridiculous that difference in exact wording in FIR and statement under 164 may be 5%.)

8.0 Medical Report of Mani –

a) no sign of injury in private part.

b) Hymen is present but spacious.

c) Ultrasonic Exm recommended but Victim Girl Rejected.

d) Victim is Capable of Enjoying intercourse.

9.0 Medical Report of Sunny –

a) Accused not impotent

Opinion by Doctor – Based on the medical report of victim I opined that is the victim is free to blackmail.

10.0 Statement of Hotel Manager under 161 C.r.P.C – Manager is unable to recognize Mani but as Mani identified him so whatever Mani is saying Manager is accepting it.

11.0 Statement of Accused’s (Sunny) Wife under 161 C.r.P.C - After marriage registration Sunny’s wife (Sunita) came to know that there is a problem going between Sunny and Mani. Immediately Father of Sunita contacted Father of Mani. her father assured Sunita’s father not to worry and he can go ahead for his daughter’s marriage without any hesitation. After Sunny’s arrest, again Sunita and her father contacted Mani and Mani’s Mother but they demanded

a) Mani’s marriage with Sunny’s brother. Or
b) Fifteen (15) lacs cash

So it is found that Mani pressed FIR only after their social marriage although she knew everything about the marriage. This only to take advantage of the situation of Sunny and to blackmail Sunny.

12.0 Statement of Father of Accused’s (Sunny) Wife under 161 C.r.P.C – Same as above.

13.0 Statement of a Person (Abhiram das) known to Accused’s (Sunny) Wife under 161 C.r.P.C –

Statement is same supporting Sunita’s statement as supporting evidance.

14.0 Final Conclusion of I/O -

Based on the above statement this case is well established under sec-376/417 of IPC.

After reading charge sheet we contacted hotel manager and he told us that he did not given any statement to I/O. Then we contacted Riya and Riya’s mother. They also told us they had not given any statement to I/O. Infact no police officer contacted them. She assured us that she will not go for any testimony at court. Also Mani and Mani’s mother are torturing them using slang language and telling everything about Riya to neighbours.

Then we contacted I/O and he is telling that “don’t worry as there is no hard evidence and everything written in charge sheet all are framed. If he did not write like that then there will be no case and Mani will then complain to SP as she already complained two times to SP for not arresting Sunny.

Now trial and framing of Charges are yet to start at court.

I request for a advice for my future course of action. Also if there is any chance of not getting convicted.

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ajay sethi (Expert) 21 March 2014
you have to fight case on merits . wait for charge sheet to be framed .

Nadeem Qureshi (Expert) 21 March 2014
engage a criminal lawyer and argue the matter on charge before court if court is not satisfied with your version and frame the charge the. file a revision before HC against charge along with an application of stay the proceesings. feel free to call

Guest (Expert) 21 March 2014
Fight the case on merits, as only you know the background and facts about the act.

Rajendra K Goyal (Expert) 22 March 2014
Agree with the experts.

T. Kalaiselvan, Advocate (Expert) 25 March 2014
It is better to put forth whatever you narrated above along with other circumstantial evidences in your favor combining together reduced to writing as written arguments besides making a brief oral arguments, thats how you can take the matter in appeal in case you stand to lose in the lower court.

Sudhir Kumar, Advocate (Expert) 26 March 2014
nothing more to add

Ipc-376/417...false promise of marriage

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