Section 294 of ipc

This query is : Resolved 

10 February 2013

hello sir,
a case has been registered against me & my friend under 294 of ipc for saying hello to a lady who is unknown to us.the lady complained to the police who were present nearby checking the license of vehicles .the police took us in police station and booked us under 294 of ipc.nw we r going to trial court from the last one and half year.we took a lawyer nd from the last one year we used to go nd takes the next date nd whenever asked frm our lawyer when the case would be concluded nd everytym he says that in two to three hearing .bt i think he is not of the intent of finalizing the case .everytym we go we give some money to get the next date .nw our lawyer is saying to confess the offense and get rid of the case by giving 200 fine .bt we dont want to confess coz we have heard if we wud confess then we wud face trouble in getting jobs .we even contacted to the lady and her lawyer they also said to confess the offense .we have already given 10000 ruppes for bail.nw plz help us wat to do .should we go to 482 of crpc to stay the proceedings .our lawyer is not giving us proper information .so plz help wat to do. nd if we go to 482 of crpc then for hw much time the case wud be stayed.

ANIL KUMAR 8867907494 (Expert)
10 February 2013

Saying hello is not an offence, she has to prove that u have misbehaved with her which is not easy , go through the fir, chargesheet , witness statement if there is weak links then highlight it either by filing 482 or by undergoing trial whichever u deem fit

Sanjay K.Dhar (Expert)
10 February 2013

You have every right to speedy trial & justice.The prosecution has to prove the case beyond any shadow of doubt.Speaking Hello doesn't amount to any obscene remarks or acts, therefore better to engage some lawyer expert in criminal matters so that prosecution witnesses are subject to precise cross-examination.

raj kumar makkad (Expert)
10 February 2013

After reading your problem, I do suggest you not to confess the guilt otherwise this shall become a grave mistake of your life. The offence under section 294 IPC comes within the ambit if moral turpitude so never confess rather face the trial. Though it shall take some time but after all you shall get exonerated from the charge.

Quashing is not advisable because the police might not have made the base of the case merely on the saying of hello. Otherwise also, the attitude of courts has changed after Delhi rape incident.

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