Section 354 s.p. review - pending charge sheet. please help


Namaste,
 
We had a pending court case against our neighbors in SDO Sadar court regarding Cr. P.C 133, as they had forcibly closed off common passageway. However, one day they resorted to violence and viciously beat us up including our 70 years old fragile and sick mother. As a result, we called police and filed an FIR with true facts. 
 
However, opposite party filed a false counter FIR the same day, after about 4 hours, using false allegations of their 4 month pregnant wife. My mother’s incision wound and injury was acknowledged and given by town’s government medical college and hospital on their prescriptttttion, while opposite party despite making serious false allegation of vicious beating on her pregnant belly was examined by the government’s medical college and NOT A SINGLE abnormality or injury was found by them (as she was not even touched) and she was not even admitted in government hospital, because everything she wrote in her counter FIR were blatant lies. 
 
Both parties are on bail currently.
 
IPC Sections imposed on opposite party based on our true FIR were :
 
IPC 323: Voluntarily causing hurt --1 Year or Fine or Both --Non-Cognizable--Bailable--Compundable:The person to whom the hurt is caused
 
IPC 341: Wrongfully restraining any person--Simple Imprisonment for 1 Month or Fine or Both--Cognizable -- Bailable--Compundable: The person restrained
 
IPC 504: Insult intended to provoke breach of the peace--2 Years or Fine or Both--Non-Cognizable--Bailable-- Compundable: The person insulted
 
 
IPC 506:
 
(1) Criminal intimidation -- 2 Years or Fine or Both --Non-Cognizable -- Bailable
(2) If threat be to cause death or grievous hurt, Etc.-- 7 Years or Fine or Both --Non-Cognizable -- Bailable
Compundable : The person intimidated
 
 
IPC 379: Theft --Whoever commits theft shall be punished with imprisonment of either descriptttttion for a term which may extend to three years, or with fine, or with both.-- Cognizable-- Non-Bailable-- Compoundable:The owner of the property stolen
 
 
IPC 34 
 
 
 
 
 
 
 
 
 
IPC Sections imposed on us based on opposite party’s false FIR , with the help of bribing concerned officers were:[
 
IPC 323: Voluntarily causing hurt --1 Year or Fine or Both --Non-Cognizable--Bailable--Compundable:The person to whom the hurt is caused
 
IPC 341: Wrongfully restraining any person--Simple Imprisonment for 1 Month or Fine or Both--Cognizable -- Bailable--Compundable: The person restrained
 
IPC 504: Insult intended to provoke breach of the peace--2 Years or Fine or Both--Non-Cognizable--Bailable-- Compundable: The person insulted
 
 
IPC 506:
 
(1) Criminal intimidation -- 2 Years or Fine or Both --Non-Cognizable -- Bailable
(2) If threat be to cause death or grievous hurt, Etc.-- 7 Years or Fine or Both --Non-Cognizable -- Bailable
Compundable : The person intimidated
 
 
IPC 354  : Assault or use of criminal force to woman with intent to outrage her modesty -- 1 to 5 years + Fine -- Cognizable -- Non-Bailable -- NOT COMPUNDABLE ??
 
 IPC 34 
 
 
 
 
 
 
Dy. S. P Review = He made all sections against us and opposite parties to be TRUE.
 
S. P. Review
 
Based on Dy. S.P. review report and independent witnesses, he dropped sections 354 and 506 from us, while section 506 from opposite parties and had instructed Investigation officer to submit incident diary to court and report progress to S.P. office.
 
So, per S.P. review report, following sections are to be considered true against us: 323 / 341 / 504 / 34
 
While following sections are to be considered true against opposite parties:  323 / 341 / 504 / 379 / 34
 
 
 
However, opposite party is saying that I.O is his close friend from college days, and even I.O himself had threatened us that he would ignore S.P. review during charge sheet and all sections would remain true against us ( including heinous section 354 and 506, from false and heinous allegation ) as per Dy.S.P review report ???
 
Please answer the following questions:
 
(1) Does Investigation Officer have power to reinstate sections dropped by S.P. review against us while framing charge sheet ?  Can he simply ignore S.P. review ?
 
(2) Will the court honor and accept S.P. review report and accept those 2 false and heinous charges dropped against us , while section 379 being held true against opposite parties, as spelled out in S.P. review ?
 
(3) Is there fabricated and false case against us, ripe for quashing by High Court – each one of their claim in their concocted story is false – even the government medical college hospital had denied that she ( 4 month old pregnant ) was ever admitted to hospital – she had come there but all tests, including ultrasound, was ABSOLUTELY normal and was never admitted contrary to what she had written in her false FIR that she is admitted to government medical college and hospital and her treatment is ongoing ?
 
(4) What should we demand from government medical college about her visit and diagnostic tests via R.T.I as we are hearing that on some hospital register it is also mentioned that there was NO mark of external injury on that pregnant woman ?
 
(5) What else we should to solidify our defense and what other evidences we should try to gather as they have bribed a few people to act as their false witnesses ?
 
I would be immensely grateful to your precious time and it would be highly appreciated !!!
 
Dhanyawaad !!!!!.
 
Reply   
 
advocate.dma@gmail.com

How do you know about differing opinions between the two? Pl note ultimately only one report based on case diary (investigation record) will go to the court.
 
Reply   
 



Through non-official means , we were able to get hold of S. P. Reveiw dropping those 2 sections ( 354 and 506 ) and Dy.S.P review ( making all sections true on prima facie basis) - it is to be noted here that Dy. S. P. review was done first and on the very basis of Dy. S. P. review,  S.P reviewed and dropped those 2 heinous and false sections !

Now, due to bribery , the Investigation Officer is threatening that he would override S.P. review and make 354 true against us ?

Can he even do that ???

What else we can do to help prove our innonence before a charge sheet is filed !!

Please reply. Thank  you very much !!!

 

 
Reply   
 
advocate.dma@gmail.com

Keep your little non-official discovery with you only. It is useless. Pl note that final investigation report and case diary (court discretion) only matters. Opinion of SP or DG is irrelevant and cannot even be put up on case diary. Wait till IO completes his work and submits to the court. You cannot argue with a bribed man. Can you?
 
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