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Amit (NA)     25 April 2013

False allegations of rape u/s 376

- A 67 y.o. senior citizen is falsely accused of the rape u/s 376 by a 50 y.o. nepali woman, mother of 3 children who's been in Delhi for 2 months.

- First bail has been rejected in the sessions court.

- Chargesheet has not been filed yet.

- What can one do besides waiting for the forensic report to prove the innocense and expedite the process to get the person out of jail? 

- How long does the FSL take to come? 

- Should one apply for bail in HC or try to quash it? What's better in this scenario? 



Learning

 4 Replies

advocate praveen (prop.)     25 April 2013

Dear,


U did not tell, about the medical examination of the women.  However, you have right to file the bail application before the MM Court if the court rejected the bail application approached to the session thereafter to the High court.  With complete and detail information about the medical examination (whether it has been confirmed 'rape').  Investigation witnesses other relevent things.

feel free to contact

advocate.praveen@hotmail.com

9818147274

Bharat Sharma (engineer)     25 April 2013

Dear Sir,

There is no Medical Report. She ran away from my home on 3/11/2011. After that I tried many times to bring her back to save my marriage, then after 1 year I filed for the Divorce.

Then she has filed FIR under 498A, 3/4, 504, on 5/12/2012

sec ------376/511  -----Attempt to rape on my Father    ----------incident dated 3/11/2011 (1 year back & no Medical report)

sec--------328 -----Attempt to murder on me & my mother--------incident dated 4/5/2009 ( 4 year back)

THE FIR IS SO PERFECT & PROFESSIONAL BECAUSE HER FATHER IS ASI IN GHAZIABAD POLICE.

During initial investigation by I/O the sections 376/511 & section 328 are removed from the Police report but before the chargesheet reaches the Court her Policemen father used his sources & stopped the Chargesheet for Re-Investigation.

 

The Mediation failed because during mediation she was admant on buying a Flat from me in Ghaziabad (at her parents place only). They just wanted the extorsion and said either buy a flat for the wife otherwise face the legal consequenses.

Their main motto is to see us in the Jail atleast for sometime.

Is there any chance of getting the Bail without going to Jail??

Amit (NA)     25 April 2013

God forbid, just incase quashing is denied, what're the options left after that?

Thanks

Sudhir Kumar, Advocate (Advocate)     04 August 2013

repeat https://www.lawyersclubindia.com/forum/False-allegations-of-rape-u-s-376-79306.asp#.Uf4xrqzQzmk


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