Gokul (Manager) 01 May 2013

Regarding false rape case

Respected Lawyers,

I am here to seek your valuable advice regarding a false rape case charged on my brother. Any help and insight would greatly appreciated and will help save an innocent's life from being spoilt.

Here is what happened:-

1) My brother met a girl through chat and they got close and after sometime met each other, thereafter started dating each other. Their relationship grew stronger and they became involved physically as well. After some time of dating, my brother met her mother and they became close too.

2) As time passed the girl started showing strange possessive behaviour amounting to fights every now and then. At one point her mother mentioned to my brother that she had slight 'mental' issues and she was thankful to him that he was willing to be with her.This fact disturbed my brother a lot.

3) The fights kept going on and and they decided they will break up. The girl however started coming back to him, but my brother did not want to live with a girl with mental issues. He told her that its better they are not together. She started acting like a psycho and kept going after him asking to get married and started threatening with consequences. Now at this point my brother started ignoring her and even left the city he lived in, to avoid her and live peacefully, thinking that as time passes everything will be fine.

4) Now, She filed a case against my brother stating that they were in love and he promised to marry her and because of this promise she had physical relationship too. She even stated that after sometime she started resisting s*xual relation but my brother took her to some hotel , intoxicated her unknowingly and took advantage of her, implying Rape.She did this purposefully as nowadays rape has become a serious offence and law is getting stricter, as all the channels are showing only these cases, so she took advantage of the present situation.

5) Now, since my brother never had any intention to cheat her or anything, he had told her everything about himself and his family truthfully, that is me, my family, my parents, what we do, where we live everything.The girl knew that my brother is living in some other city so she made my family scapegoats and made us co-accused by adding that, my family ( who had actually never even seen her in life) went to her house and gave assurance that we will get them married and that due to this assurance she and her mother trusted my brother and due to that they had even s*xual relations.

6) She also went on to add to the case that my brother borrowed money and gold from her and she gave it willingly since she was going to get married to him on our assurances.

7) Now we tried to get in touch with her and ask her why she is doing all this and that we will try to sort this out, but the girl said she does not want any compromise and wants my brother and his entire family to suffer, that is all she wants.This made me beleive that she has mental issues for sure.

8) We met our lawyer and he said we will move for anticipatory bail for me, my wife, my dad and mom first and said that since she has charged rape as well as cheating, my brother might be taken into remand, fearing which he has not yet appeared or contacted anyone.We have no idea of his whereabouts as of now.

This is the entire thing and every bit I have stated here is true to the core. I am very worried especially due to present situation where so many rape cases are going on and every channel is showing this. And I fear this will turn against my brother who is actually innocent and falsely implicated.

I have lot of question coming to mind but let me take it 1 by 1.

1) What are the chances of anticipatory bail for my brother?

2) Will he be arrested and taken into remand and for how long?

3) Whats the punishment he could get in case we loose the case?

4) How can me, my wife, dad and mom be out of this case as the police constantly calls us and asks ur to produce my brother as they dont believe that we do not know.

I would really be thankfull if my respected and learned lawyer could help me with their valuable advice on how best to tackle this, as this is the question of my brother's entire life and our family's reputation.

Looking forward to your responses.

Thanks and regards,

Gokul

Reply Follow

7 Replies

(Guest)

@Querist,

1.Hire a good criminal advocate.

2.Your brother can get AB if your arguments is strong.

3.If AB granted,no question for remand.

4.Fight well, you won't lose the case.Try to collect as many evidence as you can.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

advocate praveen (prop.) 01 May 2013

Dear,

You should obtain her mental status. This is the solution from all criminal cases.

regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2013

Dear Querist

1) What are the chances of anticipatory bail for my brother?

Opinion: 99%, if argu with the SC/HC judgments.

2) Will he be arrested and taken into remand and for how long?

Opinion: Remand should not be taken because this is only a breach of trust and nothing more.

3) Whats the punishment he could get in case we loose the case?

Opinion: it's depend on the sections in which the FIR has filed.

4) How can me, my wife, dad and mom be out of this case as the police constantly calls us and asks ur to produce my brother as they dont believe that we do not know.

Opinion: the roles in FIR against you, your wife, mom and dad is very important.

If there is no specific allegation against all of you except your brother then FIR may be quash against all of you except your brother.

Feel Free to Call

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 05 May 2013

Gokul....
You plan this fight in two segments, one from your brother alone and another from your entire family side, it will be more better.

Look , once problem is there you have to face it , make it sure that if you people are innosent , you will definately be out of it, provided good lawyer, hard work to fight out, collect proper evidences, her medical reports , her statements in FIR etc.

vic (working professional) 23 July 2013

Hi Gokul,

Can you please tell, what has been the outcome finally. I am also in similar situation and getting threatened for rape charge, if i don't marry.

Vick (director) 25 July 2013

There is nothing that can be done to save your brother. please make him mentlly prepared and stronger the ever. In PC or JC , nothing happens to him , he should not worry at all. . be brave and face it. he will get bail from Session.