Jasvinder Singh (Security) 06 January 2011
adv. rajeev ( rajoo ) (practicing advocate) 07 January 2011
Your nephew has to face the trial. And in the evidence girl has to say the complaint made by her parents is false and she had gone to the amusement part with the accused on her own interest.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 January 2011
Agreed with Mr. Rajoo.
NABA KUMAR KUMAR (SOCIAL SERVICE) 09 January 2011
POLICE CONCERNED TO INVESTIGATE THE MATTER AND UNEARTHE THE TRUTH FIRST, AND THEN SUBMIT CHARGESHEET OR FINAL REPORT, WHATEVER THEY DEEM FIT, TO CONVINCE THE HON'BLE COURT THAT THE BOY OF MORE THAN SIXTEEN YEARS OF AGE HAD NO ULTERIOR MOTIVE BEHIND SUCH ACTIVITY WHILE KEEPING A MINOR GIRL IN HIS CUSTODY FOR HOURS TOGETHER..
HOWEVER, BEFORE COMING TO THE CONCLUSION, WE HAVE TO THINK END NUMBERS OF TIMES, BEING A SOCIAL ANIMAL, THAT UNDER WHICH CIRCUMSTANCES THE BOY CONCERNED TOOK THE TENDERE/ MINOR AGED GIRL TO THE PARK IN THE VERY EARLY MORNING. VERY PURPOSE OF THE FACT FOR SUCH ACTIVITIES BY THE BOY SHOULD BE CAREFULLY EXAMINED.
SINCERE SUBMISSION,
ENKAYVISION
SACHIN AGARWAL (ADVOCATE) 10 January 2011
During trial, if the girl delivers statement that she was not kidnapped and went to park out her own wishes and the F.I.R. is false, you can get benefit.
Jasvinder Singh (Security) 11 January 2011
Samir Jha (Advocate) 04 February 2011
Dear Jasvinder
As per the offence under section 363, the consent of the lawful gurdian is necessary but it is clear from the facts narrated by you that no act took place by your nephew which can be construed as "taking or enticing" hence the ingridents neccessary to make out the offence does not get satisfied.
Normally, in cases like these Police produce the girl before the Magistrate for recording of her statement u/s 164 Cr.P.C. If the statement is in the favor of your nephew then court will surely take notice of that. If such a statement is not recorded, then the girl will be produced before the Magistrate, trying the case, where she will have to depose in favor of your nephew.
You can also approach the High Court U/s 482 Cr.P.C for quashing of charge sheet (Final report) and FIR and there you can get the notice issued to the girl who will depose in your favor, which hopefully will end your trauma.
Samir Jha (Advocate) 04 February 2011
One more thing in case you decide to approach the High Court, you can produce the letters there for perusal of the court. IO must have already recorded the statement of the girl, and there is a possibility that he might file a Closure report instead of Final report.