Sec 354 and 376
vijayjindal
(Querist) 05 June 2017
This query is : Resolved
A girl has trapped my father (Senior Citizen) in sec 376 and 354 case. She is a model by profession. she was interested to make video film for herself. So she contacted my father in the month of December, 2016 ( He is a freelance Director and into film making business) and called him several times and requested him to make film for her. In this regard, he used to visit her office two three times i.e one time in December, One time in April etc. In the first week of april, 2017, my father went to her office for discussion on the film and came back after talking to her within half an hour. Afterwards after two days i.e on , she asked him to edit a piece of music, as it was not involving much expenses, he did it and sent back to her by email. After two days, she started harrassing, torturing my father by sending message on his mobile that if he will not make film for her, she will implicate him in false rape cases. She sent around 100 messages on his mobile from 20th april to 8th may, 17. In the meantime, my father told her to atleast send the script of film. One day on 5th may, 2017 she sent a film script to my father and on 6th may, 2017 my father sent her proposed terms and condition that i will be the director of your film and profit will be distributed 50-50 and within couple of hours on the same day she sent him back the final agreement writing that no profit will be given on the first project. Profit will be distributed from the second film. My father has to provide direction, camera, cameraman, makeup, transportation etc. Further when he discussed on the script in detail. later, he came to know that script has some vulgar scenes. He totally refused to make the film.
In the meantime, Hon'ble court has directed IO for the history of the girl where she has already trapped two Directors in the past in the same 354/376 cases.
In the meantime, she was sending messages tohim torturing, blackmailing messages for extortion of money. my father contacted common friend ajay, who introduced her to my father in the starting. Ajay contacted her and tried to find the solution and where he told us she wanted us to pay directly in cash Rs. 45000/- as full and final settlement. As we were scared, we did the same thing on 10th may, 2016. She has written in her own handwriting that we have received payment as full and final settlement and nothing is due, sign it and put stamp of her company. On 12th may, 2017, she again sending torturing messages for extorting more money. Immediately we sent complaints to our local police station, DCP, Senior citizen cell and on 16th may, 2017 she filed an Fir aganist my father under section 376 and 354. Now my father has got interim bail from the district court for 45 days.
You are requested to kindly help us in this regard that what should be our next step.
S.B.adil rahman
(Expert) 06 June 2017
This is a case of extortion on the charge of false accusation. Consult your lawyer and file a case against her. You can also file a civil case for mental torture and harassment, insult, pain and injury. You have sms messages which are electronic evidences. A good case for prosecution and compensation. Past conduct will be taken in to consideration in such cases.
P. Venu
(Expert) 06 June 2017
Yes, your father needs to move against her through civil and criminal proceedings.
Rajendra K Goyal
(Expert) 06 June 2017
Engage some senior lawyer expert in criminal cases to defend your father.
Your father should meet the senior police officials to expedite the inquiry against the lady.
Dr J C Vashista
(Expert) 06 June 2017
Consult a local lawyer for such a long story.
vijayjindal
(Querist) 07 June 2017
Respected Sir,
May we file extortation case aganist her under Sec 156(3).
We have sent letters to Police station by speed post on 8th May, 13th May, 16th May and 17th May to SHO, DCP, Senior Citizen Cell before filing her FIR aganist my father under section 354/376 on 16th May, 2017
I would like to know procedure for filling complaint to Honble Court Under section 156(3) of IPC
Pls explain it as I am a layman.
Thanks and Regards.
krishna mohan
(Expert) 07 June 2017
Apart from Police complaint take the help of legal expert as advised above by experts to file both civil and criminal case as appropriate and pray interim order as appropriate.
S.B.adil rahman
(Expert) 07 June 2017
If the FIR does not contains the ingredients of extortion or any cognizable offence, the police will not take action. If local P.S has not taken action file the complaint u/s 154(3)read with section 36 of CrPC to the area S.P. You have also a good case against police u/s 166A(b)IPC which is cognizable. If you have guts to keep the police in pressure then you can opt for this they will record the FIR. If you are not litigant then be happy with Section 156(3) Cr.PC. But in any case you have to contact the efficient advocate of the local court with good integrity.
