Amit Kumar Das (manager) 04 December 2013

Ipc 354

Dear Sirs,

I was working in an orgination and somehow developed a personal relationship with a lady colleague (married). The relationship continues for more than 3 years, We shared every things between us related to her and my family. She used to take help in many official works and favors from me as she was not all that good in her office work. We used to sms daily in very frequent basis say 30 – 40 sms per day and phone called on frequent basis.

I used to give may gifts and in many occasions cash money several times and once she took 70 thousands rupees from me as she told me to return when I need that.

Due to some financial urgency after 6 months or so I told her to give the money back to me, and then onwards she starts neglecting me.

Then once I told some hard words to her and she recorded the same and somehow she told her husband a false story that I used to do s*xual assault with her and used to blackmail her suppressing the truth that she was in affair with me.

One day her husband came to our office with some of his friend with arms and threatened me and told my boss the whole false story. She has also made a FIR under IPC 354 with the help of some SMS and recorded phone calls.

After 5 months police arrest me and send me jail and after 4 days I got bail and now I facing trail.

Kindly let me know how to fight against this? Kindly help me as I am lost my job and lost everything.

Kindly help me.

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7 Replies

Capt Gurvinder Singh (Advocate) 04 December 2013

The only course of action available is say sorry to her and beg for her mercy for not to fight the case further as more than required damage has already done to you so better would be with her help get the case registered against you be dismissed by declaring her hostile in the court or if challan has not been sent to the court by police then manage the police other wise you will be crushed under the trauma of the present case and as the case will linger longer then 2-3 years she will lose all the good feeling as claimed by you. Use the present time and get rid of this problem permanently As early as possible.

Capt Gurvinder Singh, Advocate

www.captgurvindersingh.com

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 December 2013

Relationship with married women is wrong. Say sorry and forget your money in the court of law.

T. Kalaiselvan, Advocate (Advocate) 04 December 2013

Do you have any evidence for giving her the amount you have mentioned? If the SMS sent by you had any lewd type of messages?, what was your relationship with her for three years, a mere friendship or something beyond that? If she is convinced to withdraw her complaint or turn hostile during trial in return you may assure that you are ready to fore go the amount advanced by you to her if she is not ready for compromise, engage a prudent lawyer and contest the case.

Amit Kumar Das (manager) 05 December 2013

Sir,

Thanks for your reply, No I do not have any evidence as because she was very much close to me and that is why I could not able to lodge a complaint against her.

We had very close relationship and some physical relationship also, and that is why her husband is taking revenge on me. She told her husband that I have done all of this by force. I have thousands of her SMS still with me from where it will be clearly understand that she loved me( but now it appears to me all false).

She has stated that I have physically molested her but the fact is that nothing is done at office form my side all the office staff is with me as they did not see anything wrong in office.

Police has submitted charge sheet and there is no proff submitted against me only declaration of 3 of our office staff mentioned as evidence.

There were some lewd type of sms there form both of us.

Now in this scenario what will be best defence from my side sir?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 December 2013

Dear Querist

fight the case on merit, these sms are very strong proof to prove the relationship with her, based on these sms you can win this case but her husband can file a criminal case for adultery u/s 497 of IPC, so it will be better to settle the matter amicably if possible, otherwise fight the case. engage a lawyer who deal with criminal matters in your area.

Feel Free to Call

Amit Kumar Das (manager) 05 December 2013

I do not know how to settle the matter amicable as there is no middle man. My lawyer is taking dates form the one after another since nearly 1 year and on next month I have been given the date called "charge date". It almost 1 year now. Lost my job, fame everything. I also do not know on what basis they are ready to right the case. The lady had given a completely false statement that I had forcebly done wrong with her but although I had a relation but was not deep physical (means no intercourse like that).

They are also claming that I have blackmailed for for money and in reverse she told that I have given 3 lack money from her but police has already ommited that aligation as police also know the actual fact.

Kindly give me some idea how to fight against, as my lawyer is taking dates after dates and since my bail which is almost now 1 year or so I have not presented in in front of judge. My lawyer telling that take some time to cool down the matter but mentally I am no where. My only guilty is I could not able to judge the lady properly and she played with my money emotion as I can show thousands of sms and phone calls form her end.

kindly advice me in detail.