False rape & molestation charges
Hitendra
(Querist) 27 August 2012
This query is : Resolved
My friend is detained under false charges of rape by his subordinate.
He is a Central govt employee of age 30 & the lady is a contractual data entry operator in his office. Lady proposed him & he refused to marry her as he recently got engaged to a girl of his family's choice. But now as a revenge, the lady & her family alleged my friend of rape & molestation charges last Wednesday.
My friend is really innocent. He never eyed the subordinate girl for any molestation.
Please advice a good & budget criminal lawyer for his case in Patiala House Court, New Delhi.
Guest
(Expert) 28 August 2012
Rape is having sexual intercourse with a woman without her consent. If her consent was brought by fraud or undue influence, it is vitiated. When a girl consents to having sexual intercourse on the basis of a promise to marry by the man, there might be a situation when due to the supervening events the promise may not be fulfilled. In such a case the man cannot be held guilty of rape.
Your friend may decide to face the trial, or go to the HC for quashing of the FIR which if done will put an end to the trial.
For a lawyer you can search either through LCI or references.
Ashish Davessar
Advocate
Supreme Court of India/ Punjab and Haryana High Court
Sudhir Kumar, Advocate
(Expert) 28 August 2012
By the way, if he is central Gov t employee then the Govt has a simplified procedure for throwing out such employees in such type of allegations like secual harassement and they do not hve to wait for court verdict.
Sudhir Kumar, Advocate
(Expert) 28 August 2012
Further, if your friend is CG employee he is under obligation to report arrest and detention to the Govt. If he fails to do so this is a misconduct inviting disciplinary action.
Hitendra
(Querist) 28 August 2012
Sir,
There was no sexual intercourse in any way. The girl alleged that he used a party drug on her & used her. But the boy is really innocent & he has his own standard of living. He is in 14 days Judicial custody for now & even judge has said on day first--"yeh ladka aisa toh nahih lagta, yeh ladki tez lag rahi hai"---this is really a very rare statement I have ever heard from a judge.
Adv.R.P.Chugh
(Expert) 28 August 2012
Hitendra Hi,
In such a case you should go in for quashing of the FIR. 14 days JC is unwarranted, there is no need for any custodial interogation in such a case. The story of drug inducment is capable of being ascertained through independant medical opinion.
The case appears to be a cock and bull story, a complete frame up. Supreme Court has time and again held that in cases where the FIR is manifestly malafide and made with a view to settle scores. Consult a lawyer with copy of the FIR.
Adv. Bharat Chugh
*Supreme Court of India
*Delhi High Court
*Distt Courts in & around Delhi/NCR
Guest
(Expert) 28 August 2012
Go in for quashing of the FIR.
Guest
(Expert) 28 August 2012
Dear Hitendra,
Hope Advocate Bharat Chugh can prove to be a budget advocate for your friend.
JANAK RAJ VATSA
(Expert) 28 August 2012
the offence of rape can be got verified thru the medical test. he should go for the quash in the high court u/s 482 being false and malafide
