Myself is sunny. one girl booked me under- ipc-376. i am narrating the fact below.
Rohit_talukdar
(Querist) 20 March 2014
This query is : Resolved
Dear All,
Myself is sunny. One girl booked me under- IPC-376. I am narrating the fact below . It might be long story but please help me out.
I have a good friend (name - Mani). She was my class mate during schooling time. On oct-2011 we suddenly meet at our town market and then we talked and joked each other and we exchanged our phone nos. Few days after she called me from a different no. and told me to call her whenever I want. Again few days after I called her in the evening but she was not answering my call. She called me around 11 PM on same day and told me to call her only after 11 PM. Few days later I called her and then after some talk she proposed me and asked me to marry her. She and my self both are of 26 years old. I have done my engineering from a reputed university and I m working in a reputed company now. I told her that she is a very good person but it is not possible for me to marry her. Some days after she called me and crying and I asked her reason for crying. She told me that her parents want her marriage with a primary school teacher which she did not want. I told her that we are all with you and every parent wants to do good things for their child. So think well before taking any decision. Because of her depression I used to talk with her over phone but we never acted like lover rather a good friend. Again we meet at our town bazzar for may be 15 mins and I offered to visit a restaurant but she refused. Same day she called me at night and told me to meet at different place where she was working in a beauty parlor. Two weeks after me and one of my friend, Tuhin went that place to meet her.
Now after this she tried to seducing me over phone and I warned her. But my fault is that I fall into this loop and she offered me to take to her a hotel for fun. Again I told her that we are just friend. She became disappointed and one of her friend, Riya (age-18) called me to accept her friend’s love proposal and we can be a good couple which I have rejected instantly. We stopped calling each other for nearly two weeks.
In the mean time I noticed that my friend (name – Pyush) is dating with Riya with the help of Mani.
Pyush & Riya contacted me and told me to be friend with Mani only.
After one month on a Puja day We ( myself, Pyush, Mani & Riya) all visited a Tample at the place where Mani was working in a Beauty Parlor.
After Puja Mani requested to have lunch and took us to a Hotel cum Restaurant. After having lunch Mani asked to rent a room at that hotel for rest but I told her to return home. After some discussion we took two rooms and all of us signed on the Register of the hotel.
In the room, after some gossip she expressed her desire and told me that she can’t live without me. I got very emotional but told her that even if I love her it is not possible to marry her. Now she said “It is ok for me but promise me that you will be with me for forever” and I have replied with positive sign. After that we have intercourse.
After leaving hotel she asked me to buy contraceptive pill and bought her the same.
After some week she acted like girl friend and pressing me to talk with my parents about our marriage. When I refused and told her that we never promised of marriage she told it is not possible for her to forget our physical relationship. Then I contacted her friend Riya and she told me that she is trapping me. Then I asked her “why u didn’t told me about that?. She replied that she is in deep love with Pyush and if she told me everything then Mani will tell everything about Pyush to Riya’s parent. Again Riya agreed to support me on the condition of not to revealing the story of staying with Piyush & Riya in one room to her parent.
Now Riya’s mother contacted me over phone and told me that her daughter is the main culprit and advised me to marry some one based on my Parent’s choice.
My mother have started searching of bride for me. Somehow this information reached to Mani. She threatened me to accept her otherwise she will tell her brother about our physical relationship and they will go for FIR.
Then I searched in net and I found that “consensual sex” can be interpreted to “sex on false promise of marriage” based on the victim’s statement which is a rape.
I became totally devastated and instantly feeling guilty. Then expressed everything to my family member. They contacted a lawyer and he advised me to stay away from home.
In the mean time mother of Mani informed our Local political head and narrated about the incident. The local political head asked for some proof like photos, SMSs or Hotel receipt. As they unable to show anything he refused her mother’s proposal and told her to give marriage of Mani with some other person.
After that no meetings were held or no notices were sent to us from the Local body.
Riya informed me that Mani vowed to tell everything (her version) to all so that no one can marry me.
After six month I engaged with my would be based on parent’s choice. I told every thing (except about physical relationship) to my would be wife and my wife called Mani to know her version. Mani behaved very badly using slang words and when Mani told about the Hotel incident my wife asked her to come to the hotel jointly to verify. And Mani refused.
My father in law contacted father of Mani and asked about the incident. But her father assured my father-in-law not to worry and my father-in-law can go ahead with our marriage without hesitation.
We get married after two month then. On the day of reception police came to our house to arrest me and they leave me because of intervention of Local head. They asked me to attend police station next morning. Our local head advised us to abscond. My anticipatory bail rejected at District Session Court. Then my father in Law contacted Mani and Mani’s mother and they showed sign of compromise. When a meeting held they narrated a different story and told my father-in-law for divorce of her daughter with me so that Mani can marry me. My father-in-law rejected the proposal. Two weeks later Mani gave another proposal –
1.0 Mani's marriage with my younger brother.
(my brother is a electronics engineer working in a reputed company and he is 4 yrs junior to Mani)
2.0 Fifteen (15) lac's cash.
As this proposal is not acceptable for us we have applied for anticipatory bail at High Court. At the same time we contacted Hotel manager for help. Thank God….Hotel manager informed us there are no registration in the name of Sunny, Mani, Piyus & Riya. We contacted I/O for help and he demanded 3 lac rupees and he told us that “although there is no hard proof but only based on the report of I/O my AB will be rejected”.
As we did not respond to I/O, after two week I/O arrested me before my AB hearing at high court.
Due this bad situation my brother gave 2 lacs rupees to I/O. Chargesheet submitted after 20 days of my arrest. My family applied for Bail at High Court through famous lawyer Mr. Milan Mukherjee. High Court granted me bail.
Now I received copy of FIR & Charge Sheet.
Brief Narration of Mani in the FIR
1.0 Mani is a innocent and a very simple girl. We meet and exchanged our ph. no. We used to talk over phone some days.
2.0 Sunny proposed me and expressed his willingness to marry me. I accepted the same.
3.0 We used to visit many places and one day sunny took me to a hotel. There taking the advantage of my simplicity Sunny had sex with me without my consent and with promise of marriage.
4.0 I asked for marriage after some day and He and his family rejected. Hence this FIR.
5.0 Also Sunny is a loose character person. He cheated on other girl in same way.
Brief of Chargesheet
1.0 FIR attached.
2.0 Statement of Aunty of Mani under 161 C.r.P.C –
Mani and Sunny in deep love. All know about their relationship. As they are going to be married I have given them safe opportunities to meet each other in my house lonely many times. With this opportunity Sunny used and took pleasure of Mani’s body. Also they have visited a Hotel and there Sunny used Mani… ..etc… .etc…
( This is totally lie. Me, Sunny and one of my friends, Tuhin visited that Aunty’s house with Mani only once. I and Tuhin talked with grand mother of Mani about her health and then after having sweets and tea we leave their house. Staying at Aunty’s house will be approx 40 mins. Also we never acted like lover and Mani introduced me to her Aunty as a friend only.
)
3.0 Statement of daughter of Aunty under 161 C.r.P.C - Age-24 and same statement as Aunty.
4.0 Statement of Mother of Mani under 161 C.r.P.C – same statement as aunty. Also she told that she knew everything from the beginning and always had given opportunity to her daughter to meet sunny.
5.0 Statement of Riya under 161 C.r.P.C – Mani and Riya are friend. One day Riya accompanied Mani to meet with Sunny. Sunny took them to a hotel. There Sunny had taken Mani force fully to a hotel room infront of Riya. Also Sunny used Mani at Aunt’s house many times.
6.0 Statement of Mani under 164 C.r.P.C – Mani’s statement in front of Judicial Magistrate same as narrated in FIR. (It is ridiculous that difference in exact wording in FIR and statement under 164 may be 5%.)
7.0 Medical Report of Mani –
a) no sign of injury in private part.
b) Hymen is present but spacious.
c) Ultrasonic Exm recommended but Victim Girl Rejected.
d) Victim is Capable of Enjoying intercourse.
8.0 Medical Report of Sunny –
a) Accused not impotent
Opinion by Doctor – Based on the medical report of victim I opined that is the victim is free to blackmail.
9.0 Registration File of Hotel – No registration done in the name of Mani & Sunny.
10.0 Statement of Hotel Manager under 161 C.r.P.C – Manager is unable to recognize Mani but as Mani identified him so whatever Mani is saying Manager is accepting it.
11.0 Statement of Accused’s (Sunny) Wife under 161 C.r.P.C - After marriage registration Sunny’s wife (Sunita) came to know that there is a problem going between Sunny and Mani. Immediately Father of Sunita contacted Father of Mani. her father assured Sunita’s father not to worry and he can go ahead for his daughter’s marriage without any hesitation. After Sunny’s arrest, again Sunita and her father contacted Mani and Mani’s Mother but they demanded
a) Mani’s marriage with Sunny’s brother. Or
b) Fifteen (15) lacs cash
So it is found that Mani pressed FIR only after their social marriage although she knew everything about the marriage. This only to take advantage of the situation of Sunny and to blackmail Sunny.
12.0 Statement of Father of Accused’s (Sunny) Wife under 161 C.r.P.C – Same as above.
13.0 Statement of a Person (Abhiram das) known to Accused’s (Sunny) Wife under 161 C.r.P.C –
Statement is same supporting Sunita’s statement as supporting evidance.
14.0 Final Conclusion of I/O -
Based on the above statement this case is well established under sec-376/417 of IPC.
After reading charge sheet we contacted hotel manager and he told us that he did not given any statement to I/O. Then we contacted Riya and Riya’s mother. They also told us they had not given any statement to I/O. Infact no police officer contacted them. She assured us that she will not go for any testimony at court. Also Many and Many’s mother are torturing them using slang language and telling everything about Riya to neighbours. Pyush is absconding for one year.
Then we contacted I/O and he is telling that “don’t worry as there is no hard evidence and everything written in charge sheet all are framed. If he did not write like that then there will be no case and Mani will then complain to SP as she already complained two times to SP for not arresting Sunny.
Now trial and framing of Charges yet to start at court.
I request for a advice for my future course of action. Also if there is any chance of not getting convicted.
Devajyoti Barman
(Expert) 20 March 2014
After framing of cahrges, file an application of Discharge. Your case has good merit for this.
Sudhir Kumar, Advocate
(Expert) 20 March 2014
do you think all experts have that much time to read such a long narrative.
Guest
(Expert) 20 March 2014
Be brief and to the point for appropriate solution.
Rohit_talukdar
(Querist) 21 March 2014
Thanks for ur reply..I will try to submit brief of my problem.
Biswanath Roy
(Expert) 21 March 2014
Your sufferings are for your own misdeeds and you shall have to suffer for it. Mr. Milan Mukherjee is a good counsel of The Calcutta High Court and you can confide on him.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
The query is too long for a proper reply, however, you may go as per the advises rendered by experts.
