Sec. 417, 420 of ipc r/w. sec. 4 of dp act.
Suresh Babu Rai
(Querist) 01 July 2015
This query is : Resolved
Respected Senior’s:
One of my client facing trial for the offences punishable under Sec. 417, 420 of IPC R/w. Sec. 4 of Dowry Prohibition Act. The prosecution version is:
The accused made false promises that he loved the complainant and will marry her, and sexually enjoyed with her. When the complainant asked to marry the accused was refused to marry her, and demanded Rs. 10 Lacks dowry. Due to which the complainant vexed on her live and consumed sleeping tablets and attempt to commit suicide. This is a case of cheating dishonestly by believing to perform marriage and used for sexual desires and used her. The complainant is studying B.tec final year (22 Yrs). Since four years the accused frequently visited the house of complainant. On that process of visiting house the accused followed the complainant induced with false promises that he loves her and he would marry her, threatened her that, if the complainant refuses his proposals he will die by commit suicide. On that the complainant accepted the love of accused and she falling love with him and moved closely. On observing in the same the accused admonish, but he promised that, he loving the complainant and would marry and used her on the name of love. Recently the complainant asked the accused to marry her, but the accused refused. Finally a Panchayat was held wherein the accused demanded Rs. 10 Lacks towards dowry for such marriage. Hence remand.
The Police also filed the charge sheet for the offences under Sec. 417, 420 of IPC R/w Sec. 4 of DP Act and examined the family members and Panchayat elders. Under case dairy part-2.
That during the pendency of the above case, one of our brother Advocate has filed a petition under Sec. 24 (8), R/w. Sec. 302 of Cr. P. C as follows:
The petitioner herein is a victim of sexual offence and needs assistance in understanding her rights, the procedure of trial and also assistance during the trial and if needed to take steps on her as permitted by law. As per the charge sheet, the crime perpetrated is under Sec. 417, 420 of IPC and Sec. 4 of the Dowry Prohibition Act. The complainant in the present case and the evidence collected by the Police in terms of Part-II statements, show the commission and culpability of the accused Under Sec. 376 (punishment of rape) in addition to the charges listed on the charge sheet and there needs a petition for addition of charges through the Public Prosecutor subject to the discretion of Public Prosecutor. It is prayed that the court may be pleased to grant leave to have the counsel for victim.
The petition is still remained unregistered and the JMFC sent the same for check and put up, directing the so called Advocate to furnish me a copy of the same enabling me to file counter.
Now the question is;
Whether the JMFC can permit an individual Advocate to assist the APP Under Sec. 24 (8) of Cr. P. C.
The act says:
The Central Government or The State Government may, appoint for the purposes of any case or class of cases a person who has been in practice as an Advocate for not less than ten years as a Special Public Prosecutor.
As per my knowledge the courts will permit the assistance to APP in rare and rarest cases, but not in a common case like case of my client. Taking the facts and circumstances, the above case does not fall within the ambit of Sec. 376 of IPC.
Can I file my counter in detail defending the subject matter of the petition filed under Sec. 24 (8) R/w Sec. 302 of Cr. P. C in dismissing the above petition as the JMFC do not have rights under Sec. 24 (8) of Cr. P. C.
Need Suggestion.
Thank You One and All.
P. Venu
(Expert) 02 July 2015
Section 302 need not be read with Section 24(8).
Suresh Babu Rai
(Querist) 03 July 2015
Thank You Sir 1 Then court has to return the application at the stage of scrutiny itself or if registered, the court will dismiss the same.
