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Help my handicapped friend against false allagations of rape

(Querist) 15 September 2014 This query is : Resolved 
Please suggest me what Can I do save my Friend.
My Friend is handicapped, a convent high school teacher. He loves a girl who wanted to marry him. But her family is against it because he is handicapped. So, they filed A case of 363, 366, 376 is filed against him on 29/05/13. He is on bail. From Aug 13 the case is on trail. Statement of three witnesses including informant and victim is recorded in court. Highlights of the case are-
1. Age of victim- F.I.R. 17years, Class V certificate 1/1/98 (given to police by informant), Class X (cbse) marksheet- 14/7/97, Class X (u. p. Sanskrit board) 25/10/1995, PAN CARD- 1/1/93, medical Ossification test- about 20years.
2. My friend has back of her sent messages, her love letters and some call recordings which clearly shows that she had forced him to flee.
3. In her statement under 161crpc, 164crpc and court, she has said, "On incident day, When I was going to school, he met in way and said to go to visit some place and Main uske bahkawe me aa gai………. Sadi ka jhansa dekar banaras le gaya. Mere sath bahla phusala kr sharirik sambandh banaya aur virodh krne par kahta tha main tumse shadi karunga."
4. My friend still wants to marry her, but her parents are against it and because of their objection she gave such statement.
5. After bail, when my friend came home in Aug-2013, she sent messages about her parents conspiracy and called him and told that she still wanted to marry him. But in her statement in court on Sept. 2014 she said vice-versa.
6. My friend has those messages and call recordings of the conversation after bail also.
So, please give me possible suggtions and Save my Handicapped innocent friend.
ROHIT SHARMA (Expert) 15 September 2014
1. She may depsoed such statemnet u/s 161 and 164 during her examination in chief.

2. Based upon the evidence that your friend has received from the girl can be out to her during her cross examination. This is tactful method.

3. If need be opt for private legal consultation with this lawyer to discuss more precise details and facts of the case.

Regards,
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047091.
Surrender K Singal (Expert) 18 September 2014
All the material available would be useful during cross examination, to be conducted by your lawyer tactfully;
Sudhir Kumar, Advocate (Expert) 26 October 2014

If the girl is proved to be below 18 then all set of evidence regarding her consent and her forcing and threatening suicide etc are irrelevant. She is not competent to consent.



Your friends is apparently rightly framed.

By the way has your friend also been allege under Child Marriage Act. If not he is lucky
Sudhir Kumar, Advocate (Expert) 26 October 2014
repeated

http://www.lawyersclubindia.com/experts/false-rape-allegation-496256.asp
Sudhir Kumar, Advocate (Expert) 26 October 2014
repeated

http://www.lawyersclubindia.com/experts/false-rape-allegation-496261.asp


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