False 506,120,164,376 cases
Querist :
Anonymous
(Querist) 13 June 2011
This query is : Resolved
My brother has been falsely accused by one of his old friend that he raped her. The girl had been harassing my family to marry my brother to her but he married another girl because he never committed anything to her. Now after his marriage she has filed a false 376 non-bailable rape charge before the magistrate.We are being threatened by her that she has provided a medical certificate( which is false because my brother never had such relations with her).
The girl is taking unfair advantage of the gender bias and emotional sympathy of authorities.In terms of evidence she has provided medical certificate from 4 yrs back showing nursing home visits and taking contraceptive pills, casual( no- intimate or personal) pictures). She has also filed false charges on my family under codes 120 ( criminal conspiracy against her),506 ( threats to kill her), 164( that they stole 4 lakh from her suitcase) and that she was actually beaten up by my parents. The other 3 charges 120, 506, 164 that she has filed she has mentioned happened last month but false rape charges are filed under years 2006, 2007 .My brother has been taken into custody( jail) and we need advice on the following:
1. With the courts being closed currently,how can my brother get bail before the courts open? What are my brother's bail options and probability.Does closing of courts mean he has to stay in jail until the courts open again?
2. Can we press charges on the girl(like defamation of family, affect on my brother's career, threats to my brother's wife) to make our case strong?
3.Before hiring a criminal lawyer for our case what all should we look for? ( like previous experience/courts where practicing etc).
4. Can we hire a lawyer who is a member of lawyersclubindia group?
Please guide. Thanks for your expert advice.
M.Sheik Mohammed Ali
(Expert) 13 June 2011
where are you from ?
aforesaid mater when did done ?
1. you can approach session or high court for bail
2. once your brother acquitted then you can file a case against her
3. you can engage specific criminal side practice lawyer.
4. contact LCI,
once who ever alleged the false case they only proved the case.
Ravikant Soni
(Expert) 13 June 2011
approach any esteemed lawyer. The case is serious one.
Arvind Singh Chauhan
(Expert) 13 June 2011
If your brother is affirmed that he had never any physical relation with that girl. You can approach to HC for quashing of FIR and may request their for DNA test. If the charge sheet has been filed he can request to trial court for DNA test.
Querist :
Anonymous
(Querist) 13 June 2011
To Adv M Sheikh
"here are you from ?
aforesaid mater when did done?"
We are from Delhi.The Case is continuing. The girl filed the charges last month but they pertain to yrs 2006 2007 back that my brother had physical relations with her. But in FIR they are filed under code 376.Rest of the charges are add ons.
Can we request a DNA when there was no rape at all?
Kiran Kumar
(Expert) 13 June 2011
Grant of bail is a discretionary relief to be given by court.
during vacations dont expect the courts will be more inclined to grant regular bail...
let there be a fair investigation, stay in touch with Investigation Officer and keep him in good sense.
As far as quashing petition is concerned, all depends upon the proper analysis of facts and circumstances of the case....since your brother is already behind bar so better concentrate on his timely release on bail....when its 376 the HC may not be much inclined to interfere at this stage....
visit some local lawyer who appears before the HC as well, so that your matter can be analysed from every corner.
PALNITKAR V.V.
(Expert) 13 June 2011
Shri. Kiran Kumar is right. I agree with him. However, from the facts narrated by the author, there seems to be a good case for anticipatory bail. Anticipatory bail applications are generally entertained even during vacation. Find out some good lawyer.
