Fake case of abduction and rape
Querist :
Anonymous
(Querist) 22 July 2010
This query is : Resolved
Res. sir/Madam,
Me ,aged,30 an advocate and my uncle aged 47 have been accused of a forged case of abduction and rape Sec 363,366,376,506 IPC against us by a bad charactered lady neighbouring us in last June 2009 for which both of us have been bailed out, Myself from high court and my uncle got imprisioned for a month and bailed by ADJ. We have done nothing and nowhere involved in thses crimes.
Since there was old enimity and some faujdari sections are already running in the court between us and the ladys family and Sec 323,325,504,506, and we have been with tussel with them for 4-5 years regarding the dispute of a comon way which she encroaches..
The realty was that her mojor/minor girl which is also a issue, a minor 17 years from school certificate and 19 years by Medical jurisprudence,, eloped with a man of nearby locality and lived in her house for 2-3 days where she was recoverd by police and all camein media and TV channels
All the evidences eg, Police dairy , charge sheet ,witnesses and there stastement, girl, herself comiitted that she elpopd with her so called friend. are favouring us except her misguided statement under Sec 164 CRP cunder magistrate.As tought be her mother she took our names and made a story which was same as the FIR and said to magistrate that both named, me and my uncle had abducted her and raped her.
Shall we be convicted only on her sole statement under 164 Crpr. since the trend is that mere statement of 164 is enough for our conviction.I am a judicial aspirant aslo and will it effect my selection before conviction ?
Both me and my uncle are major and married and both of us have childern.
Shall the court decide on other factors or statement under 164 is our conviction is our fate.
The lady(the girls mother)is a sex worker and is demanding money for compromise..
The medical reports of the girl are positive since the man she eloped with made physical relations and now is daunted to marry her because of her cunning and criminal minded mother.
Also no boldily injury has been found, no signs of protest, medical reprt says the hymen is old torn and secondary sexual characters well developed and that the vistim is habitual of sex .
In reality the girl is of bad characteer and she has done the same many times but this time we are accused because of her mothers plans and her involvement with SHO who used to take advantage of her for there favours.
She is really a cunning women who has no boundries to defame her firl to make money and to take revenge from us. Also FIR has been lodged 48 hours lateer and medical exam of girl has been done 8 days later.
I want utmost assistance and if someone of you experts, is interested he/she may give her cell number on which I can call.i will be highly obliged.
Adovacate
Mohan
s.subramanian
(Expert) 22 July 2010
dear mr.mohan,
it is rather unfortunate that such a case has been filed against you. I make it clear that that a mere 164 statement alone cannot be the basis for conviction. corroborative evidence is required. but you have to be careful on the point that since she is a woman of loose morals,case of rape cannot be ruled out.try to gather strong evidence for the motive of those ladies which alone can save you.
Devajyoti Barman
(Expert) 22 July 2010
The moral turpitude of the complainant of rape case is no good defence. Even a prostitute can validly complain for rape against her.
Guest
(Expert) 28 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING FALSE COMPLAINT UNDER SEC.376 RAPE AND ABDUCTION KINDLY NOTE THAT.
1.YOU BE CONFIDENT AND DEFEND THE MATTER STRONGLY YOU AND YOUR FATHER WILL BE ACQUITED.GOOD LUCK.
2.YOU MAY KINDLY NOTE THAT ANY DELAY IN FILING SUCH COMPLAINT WILL BE BENEFICIAL FOR ACQUITAL.
3.THE PERSON VICTIM IS A MAJOR AS PER MEDICAL EXAMINATION AND IS HABBITUAL FOR THE ACT AND PREVIOUS BACKGROUND OF COMPLAINENT AND PROFESSIONAL WORKER THESE FACTS ARE TO BE PROVED IN COURT.
4.KINDLY VERIFY MEDICAL REPORTS OF ACCUSED AND VICTIM ,CHECK THE DELAY IF ANY .IT WILL HELP YOU
5.KINDLY SEND DETAILS OF LOCATION / SPOT ,LOCALITY WHETHER CROUDED.IT IS MATERIAL TO PROVE CONCENT OF COMPLAINENT.
6 YOU MAY GET THE COMPLAINT QUASHED FROM HC.WILL HELP YOU.
7.YOU MAY WRITE AND SEND DETAILS OF THE CHARGE SHEET AND MAY CONTACT OR SMS FOR ANY FURTHER HELP WILL HELP YOU TO PROVE YOUR INNOCENCE.
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
