Query about rape case
Diwakar Bhardwaj
(Querist) 01 September 2016
This query is : Resolved
Dear sir,
I want some suggestions about a case, Rape case of mentally disabled girl.
Girl and her family members were living with a NGO. They called a boy whom they knew to take care of them and get them out from the NGO. So buy brought them to his home.
1 day NGO head came to their house and asked to meet the girl and his family but they didn't wanted to meet him so boy didn't allow him to meet them.
Then after half year NGo head came with the police and took the family with him amd after few days he registered a complaint again the boy and his family that the boy raoed the girl and boys family was also involved in it. The boy surrendered and investigation started. During investigation the NGO head gave the statement that i haven't seen the guy doing anything wrong eith the girl. He said girl's mom told him that the guy raped her. Girl's mother said i haven't seen anything. The doctors who have done the medical said there was no marks on the body of victim and also the medical report was not sealed. The girl in her statement in front of judge was first saying that yes the guy raped me but after few more questions she accepted that the NGO head asked her and forced her to say so. Now the investigating officer in his statement said that he haven't seen boy doing anything, he said he was not there during medical examination and it was not performed by his orders so he dont know anything about it. On asking more questions he first said that yes he also asked the neighbours about it but when the judge asked him that can he bring the neighbours as witness, he refused that he cant. Medical dates as per the record and his statement was also not matching and he was saying that NGO head came to him on the night of incident but when the lawyer asked him that if he have any record on duty register that he was there on that night then he again refused that he don't have. Now on next hearing Lady officer who was present there as per the fir will come to give her statement.
So sir please guide me about the case.
Ms.Usha Kapoor
(Expert) 02 September 2016
IT IS OBVIOUS THAT NGO HAS FOISTED FALSE RAPE CASE Against THE BOY AND HIS FAMILY without much evidence. The judge may acquit the boy and exonerate him of the crime of rape by giving him and his family a clean chit and pass strictures against the NGO.
Diwakar Bhardwaj
(Querist) 02 September 2016
Thank you mam for your guidance, i want to know one more thing that is it compulsory for Investigating Officer to take the statement of girl during FIR even if she is mentally disabled?
Diwakar Bhardwaj
(Querist) 02 September 2016
Thank you mam for your guidance, i want to know one more thing that is it compulsory for Investigating Officer to take the statement of girl during FIR even if she is mentally disabled?
P. Venu
(Expert) 02 September 2016
It appears that there could be more facts material to this case. The boy requires legal assistance during the proceedings.
Rajendra K Goyal
(Expert) 02 September 2016
You should defend yourself on merit. Take benefits of contradiction. Engage the services of some senior lawyer.
Nothing more can be advised without referring full case file.
Raj Kumar Makkad
(Expert) 02 September 2016
This is the case of acquittal. The contradictions told you in the prosecution case are more than sufficient for this.
So far taking statement of mentally distorted prosecutrix is concerned, refer to Mental health act vide which is first to be ascertained whether she is mentally distorted to such an extent that she cannot express and if she fails only then her statement can be dispensed. In this case when she has has deposed before the trial court then it can not be concluded that she is unable to express. Her statement was compulsorily required to be recorded either under section 161 or 164 Criminal Procedure Code (before magistrate). If not recorded, it is fatal.
