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rajpal singh rawat (admin managger)     26 April 2013

63 year old my father needs urgent help please sir – kanti r

63 year old my father needs urgent help please help – Kanti Rawat

"I am just "narrating the story in brief  ...my elder brother got married in Delhi on 27th Nov, 2006. After few days later he went to Mumbai for job for two months from Jan to Feb 2006. His wife was living with us quite happily. When my brother come back after 2 months from Mumbai  his wife was totally changed and couldn’t carry her marriage life properly. She was always very irritating and negative toward to him. After two year of marriage suddenly she committed suicide with her 3 month unborn baby. Initially girl parents are very positive towards us (my parents) and given the statement they are good people towards her daughter. But after postmortem report everything has been changed...a suicide note revealed from her where she defines my father in law was molesting me that’s way I am committing suicide. FIR lodge against my father on the same day ....but later on when the investigation gone through her mobile phone she was keep talking to third person may be her boyfriend whole night and day in the absence of my brother. All the call details are with police as an evidence of extra marital affairs. Father got the bail within 15 day.  And this case keep going on since last four year ( 2008 to 2013). Even on and after questioning my father ....he replied she had been always with mobile call late night and noticed so many times in the absence of my son....and often he  notice her. Sometime he says to her “beta aap kis se batain karte ho etni raat ko. She was always replied papa game khel rahi hun”. One reason for her suicide she must be aware her father in law can make her in trouble and disclose her parents or husband.

Now, on 18th April 2013 father's lawyer make the false statement in written my client (accused father) he does not want to case to be augmented further in the court and accused has accepted his crime...though he was hardly fifth class pass and does not know the legal language and sign the documents....and he was sentenced 10 year jail. An innocent person 63 year old man is now behind the jail though he did not commit the crime.

In this case probably lawyer now suddenly changed the statement without speaking to my father.

Is there anybody can suggest how we can suit the case in high court to get the bail...or any other way to make him clear from this case.

Please help us since our dignity in the society has been vanished since we are middle class family.

Please help Help

Kanti Rawat

Daughter of accused  



Learning

 10 Replies

Ranee....... (NA)     26 April 2013

this is repeated query.You were adviced in earliar thread.

BTW why did your father went to your sis in law's room in the mid night when your brother was not there?

rajpal singh rawat (admin managger)     28 April 2013

thnx for your comments....but this also noticed by her mother -in- law. not only at night even day ttime also. we have call detials where she was keep call late night.

rajpal singh rawat (admin managger)     01 May 2013

Awating for you guidence how my father can release from this cas

rajpal singh rawat (admin managger)     03 May 2013

any further comments on this

Sudhir Kumar, Advocate (Advocate)     08 September 2013

perhaps I have seen this qeury very late as you could have appealed against the conviction within three months. 

 

After confession all the mitigating evidence has no value.

 

Your query does not reveal if the trial judge has not followed the procedure of conviction n the basis of confession.

 

But it is hard to believe that merely on submission of lawyer a conviction will take place particularly when accused is semi-literate.

 

Further I am unable to disagree with views expressed by RANEE

 

One does not have to be highly literate to know the consequences of confession.  So the facts stated by you are hard to believe.

Sudhir Kumar, Advocate (Advocate)     08 September 2013

I have already advised you four months back on

 

https://www.lawyersclubindia.com/forum/61-year-old-man-accused-for-molesting-and-abetting-79418.asp#.UivliH_Qzmk

rajpal singh rawat (admin managger)     30 September 2013

Sir,

Since we have appealed in high court and next hearing is on 8th  Nov 2013. He is in jail since may 2013 to till date. Now we are trying to get him out on bail.....is there any hope to get him out. Please sir comment...

with regards,

kanti rawat

rajpal singh rawat (admin managger)     30 September 2013

He is there any way to minimise his imprisionment.....as he was sent for 10 year  

Sudhir Kumar, Advocate (Advocate)     30 September 2013

After conviction bail is possible only if there is an appeal (within three months) and the higher court is convinced prima-facie that gross injustice is there and suspends the sentence.


In this  case the accused has confessed before the court so practically forget about suspension of sentence. You have no ground to plead that he is not guilty (even if he is).


However, you can hope arguing on quantum of sentence.


You have not at all stated whether in the opinion of your counsel there is any irregularity in recoding confession.

Sudhir Kumar, Advocate (Advocate)     30 September 2013

refer advise of Mr Manoj Gautam on https://www.lawyersclubindia.com/forum/61-year-old-man-accused-for-molesting-and-abetting-79418.asp#.UkmT-X_Qzmk


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