M Kejriwal 06 July 2024

Ipc 376(2)

One village farmer boy 25yrs has been arrested and denied bail on charges of s*xual indulgence with daughter of his house help. 1.IPC 372 (2)(n), 313, 506 2.ESI ACT 1948-6 3. STSC ACT- 3(1)(r) 3(1)(s) 2 (2)(va) The girl was minor, concieved and delivered a baby girl. The intimacy was initiated with mutual consent, but the girl (stsc ) later refused of her consent due to misguidence of her community people. The girl has multiple s*xual partners as per boy. The police had taken DNA of the baby and the boy in February. The copy of DNA match report is not given to the accused till date!(6.7.24). The boy is in jail since February. The boy is sure that he did not mate with the girl during the period when she possibly had concieved. Pl guide.

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T. Kalaiselvan, Advocate (Advocate) 06 July 2024

What do yo want to clarify here by posting the background of the case? If he has been charged with the commission of the said offences, you engage a prudent and skilled advocate to fight the case and try to get him out if he is really innocent of the charges framed against him

M Kejriwal 06 July 2024

Thanks T Kalaiselvan. They have engaged an advocate, but since arrest on february 16, 2024. there is no hearing posted in the case till date. the skill of advocate is doubted. He could not get the copy of DNA report till date. Can the familly of accused directly seek DNA report from court or the testing laboratary?

T. Kalaiselvan, Advocate (Advocate) 06 July 2024

If you feel your advocate not capable of handling your case properly then you can always change your advocate. If the police are yet to file the final report before trial court then you cannot get the copies of the documents to be filed by police. You may have to wait until then. However as the accused is languishing in jail for over 5 months you can move regular bail application before high court if the trial court has dismissed the application for bail. You can cite the inordinate delay of police as a reason for bail.

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Dr. J C Vashista (Advocate ) 07 July 2024

The accused is already stated to have engaged an able, competent and intelligent lawyer who is well aware of facts and circumstances, what is his / her opinion/advise ? What is your locus standi / concern and dispute to the facts, post and query ?

Ipc 376(2)

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