23 November 2017 at 14:00

Conviction in a pocso case

Esteemed sir
In a certain POCSO case filed in the ADJ Court, there were 39 witnesses listed by Police in the FF. During their Deposition before the said court, 36 witnesses have denied giving any 161 statement to the Police except 3 witnesses i.e. ARPITA PANDA [VICTIM], RAJSHREE DAS [COMPLAINANT], ARPITA PRADHAN [WITNESS].These 3 persons have deposed against the accused BISWANATH BARIK [that he had inappropriately touched the victim ARPITA PANDA] and another accused SIDHARTH SANKAR CHOUDHURY [that he had threatened the victim ARPITA PANDA not to complain against BISWANATH BARIK to the Police].
Both the accused have been pleading innocence.
Is it sufficient to convict BISWANATH BARIK and SIDHARTH SANKAR CHOUDHURY?
What would be the fate of both the accused?
Kindly guide us sir.
With due regards


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Sir

I have filed a Crl.Op in Madras HC to quash FIR and chargesheet on Oct.2016. Judgement pronounced on April 2017 in my favour. But Justice got retired on May 2017. But still orders not received or find in website. My lawer is telling still its not received. Is above facts are possible?


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19 November 2017 at 16:27

138 case, general clause act 27.

In 138 NI Act case when the Housing Finance Company evades the notice in 1991 and signatories of the cheque are proceeded with in 1994, can the signatoires of the cheque be aquitted in 1997 because the charges on the company was not pressed as if company was not arrayed as accused ?
In appeal against aqquital u/s 378 of Crpc can a defence following Aneeta Hada v. Godfather Travels & Tours Private Limited, (2012) 5 SCC 661 be taken that charges against company was not pressed? The Housing company has surfaced and many have succeded in consumer forums as in Jugmandar Dass Bansal V/S M/S Tapoban Housing Finance Ltd. ,R. Udaya Kumar vs M/s. Tapoban Housing Finance Limited, New Delhi,etc


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Anonymous
19 November 2017 at 11:33

For quash 417,420,376,506 ipc

It is respectfully submitted that the 1st respondent alleged to have been lodged a report to the 2nd respondent police station on 29.7.2015 stating that she and the petitioner are working as Police Constables in I.T. Cell in Cyberabad Police Commissionerate. It is alleged that the petitioner made the 1st respondent promised her to marry and made her to believe him. It is alleged that on 11.7.2015, the petitioner and the 1st respondent went to Yadagirigutta Temple on a bike, where he booked a room without her knowledge and raped her and promised that he will marry. It is further alleged that the petitioner made a phone call to the 1st respondent and said that marriage engagement was completed with his relative girl and that he and his family members threatened her to kill, if she disclose anything to any one. Basing on the said allegations, the police registered the FIR and subsequently filed the charge sheet. 2. It is respectfully submitted that the alleged offence under Section 376 IPC, according to the 1st respondent was occurred on 11.7.2015, whereas, she made report to the police station on 29.7.2015. Therefore, there is an abnormal delay in lodging the report to the police station. Further, the medical report also certified that there is no evidence of recent sexual intercourse. There is also contradictory statements of the 1st respondent from complaint to the statement recorded under Section 164 Cr.P.C (. On the ground of abnormal delay and in absence of the medical report, the essential ingredients under Section 376 IPC do not attract, therefore, the proceedings relating to the said offence are liable to be quashed. ( Is it possible or not ?) 3. Now her marriage was fixed and both are agreed to compromise as for CrPC 482.. But her layer is misguided her it's not possible, future problems will happen in personal life and services Maters. Please clarify


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19 November 2017 at 08:13

Appeal, revision or writ ? crpc 125.

I filled crpc 127(1) application for modification of interim maintenance order as it is proved that I do not have any shop to get rental income. In january, 2015.

Nothing happen for next 8 dates and 2 years. I have paid almost 1.4 lakh till last date. On last date, changed judge dismiss my 127 modification application stating I do pay arrear of 2.5 lakh.

I do not understand what is the purpose of 127 (1) application left if I pay all the arrear ?

I came to know that family court cannot put condition to hear 127 crpc application.

Now what to do ? Appeal, Revision or writ petition at HC ? 127 was not decided, just dismissed as I do not pay arrear. Revision, appeal or writ ? To instruct family court to decide 127 application.


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19 November 2017 at 08:06

For SC quashing 417,420,376,506 ipc

1. It is respectfully submitted that the 1st respondent alleged to have been lodged a report to the 2nd respondent police station on 29.7.2015 stating that she and the petitioner are working as Police Constables in I.T. Cell in Cyberabad Police Commissionerate. It is alleged that the petitioner made the 1st respondent promised her to marry and made her to believe him. It is alleged that on 11.7.2015, the petitioner and the 1st respondent went to Yadagirigutta Temple on a bike, where he booked a room without her knowledge and raped her and promised that he will marry. It is further alleged that the petitioner made a phone call to the 1st respondent and said that marriage engagement was completed with his relative girl and that he and his family members threatened her to kill, if she disclose anything to any one. Basing on the said allegations, the police registered the FIR and subsequently filed the charge sheet.
2. It is respectfully submitted that the alleged offence under Section 376 IPC, according to the 1st respondent was occurred on 11.7.2015, whereas, she made report to the police station on 29.7.2015. Therefore, there is an abnormal delay in lodging the report to the police station. Further, the medical report also certified that there is no evidence of recent sexual intercourse. There is also contradictory statements of the 1st respondent from complaint to the statement recorded under Section 164 Cr.P.C (. On the ground of abnormal delay and in absence of the medical report, the essential ingredients under Section 376 IPC do not attract, therefore, the proceedings relating to the said offence are liable to be quashed. ( Is it possible or not ?)

3. Now her marriage was fixed and both are agreed to compromise as for CrPC 482.. But her layer is misguided her it's not possible, future problems will happen in personal life and services Maters. Please clarify.


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Under which provision of the CRPC does the right to appeal lie from the interim order of the Metropolitan Magistrate?


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1) I go HC for revision u/s 397, for 125 interim maintenance. There HC ask me to submit arrear of 4 lakh in registry then they hear me. I do not submit hence they dismiss my revision.

Then in execution family court attach my those shops. Police report came that I do not have any property or shop. Thus no rental income.

2) Then I apply modification u/s 127 Crpc based on police report. There also fanily court judge dismiss me application asking to pay arrear first.

3) Then I reach HC again u/s 397 asking to instruct family court to hear my 127 crpc application. HC also again ask me pay arrear first. When I show my inability, HC again Dismiss my petition.


My query is it legal to put condition to proceed in law ? Isn't section 397 or 127 Cr.p.c. are laws and legal rights and should be heard unconditionally ? They are constitutional remedy, isn't they are heard unconditionally ?


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13 November 2017 at 19:49

Compromise

Compromise was signed and attested by notary to put up before high court for quashing of FIR but the party changed his statement before court that he signed under pressure. Can court be convinced that he was not forced or pressure. Please suggest.


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08 November 2017 at 00:24

CRPC

Can Revision lies against the orders under Section 407 to 410 of CrPC? Plz tell me the citation also in both sutuation.


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