Fake case of abduction and rape
Madan Mohan Pandey
(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
pramod pandey
(Expert) 23 July 2010
for your sake compromise. legal ways are lengthy in your matter. be calm and get rid of the problem.
Guest
(Expert) 24 July 2010
1. Based on briefs you can get justice only by following outside Court some underhand processes. I will just give a hint here saying that the way they trapped you and your uncle you can also trap them with audio / video footage and place the same as evidence to the character / shaky theory of the main witness.
2. You know well Sir being an ld. Member of the Bar better than me if such doubt is created how prosecution theory gets trashed in minutes.
3. There are procedural lacunas in IO inquiry and medical examination of victim as per briefs as well as if above doubt created then justice is sure yours but like Ld. Pandey said you can always make a choice to teach these two what malaise intention / connivance is all about OR carry forward with life but then you say that other cases also pending with same party so I suggest to contest / challenge their theories and no doubt it is going to be long drawn contest but at the end they would learn their lesson including the IO / SHO if these connivance shown well. Better to contest with patience.
