Bassir 08 October 2015

Please advice

There was a false aligation on my friend & has been arrested Under IPC 376 + Pocso on 31.01.2015. Since then he is in Jail(Dasna, Ghaziabad)
We have applied for bail in Ghaziabad court in April 2015, but bail was rejected.
Now its been 9 months.

Medical Report says - A injury on Hymen at 6 o'clock Position. Redness + +
Apart from the above there is nothing in the medical report.

According to FIR
Incident Date: 29 Jan 2015 (11:00 AM)
FIR done on 31 Jan (4:00 PM)
Medical done on 31 Jan (7:16 PM)

Please advice what should we do. He is from very simple & poor family (Dhobhi) and has no criminal back ground.
How he can come out from Jail?

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2 Replies

Q Slinger (NA) 08 October 2015

Appleal in High Court and if that fails, move to Supreme Court

AS 09 October 2015

Very Tuff to get Bail in 376.

Jails are full with innocent people facing false charges in 376 IPC (false rape cases)

if this is IPC 376 + Pocso then girl is below 16 and ownus of proof of not guilty is on your friend ...and you can not take benifit of consensual s*x also.

Medical Report says - A injury on Hymen at 6 o'clock Position. Redness ...this is almost sufficient to procecute him.

Advise -

1. If he is poor then dont waste money , time , efforts in Bail process as chances are minimal or 95% lawyers are money diggers.

2. He is in jail from last 9 months . Generally thse cases run in fast track and bail is not granted . But court will decide case in next 8-10 Months

3. SO rather then waisting your money on Bail ....Try to higher a good crimincal lawyer who can save his life.