Application under section 311 to recall witness
syed allham
(Querist) 15 August 2014
This query is : Resolved
Dear Experts,
I have been falsely accused under section 366 A and 376 by my ex girlfriend father..me and my girlfriend had eloped out to Hyderabad bcz we couldn't bare the torture by our parents... once we were caught and returned to Bangalore, me and my girlfriend family had discussion and decided that we both shld get married...as i was only 19 years old and my girlfriend still 17 yrs and 8 months old my father opposed ur marriage and said that we can only get married once we attain marriage age but in rage my gf father filed a false case under the above sections and now its been 2 and half years of the case been filed still it is running in CCH 51 of Bangalore civil court..all the evidences are tried and the father of my gf told out the truth that he filed a case in fit of rage and when doctor was questioned even he said that there is no point of forceful sex or grievous injury on the girls body and he said it as consensual sex and my girlfriends also said the same as we both eloped with our will..so all the things are clear and now the case is heading towards the closure phase but my lawyer has filed a application under section to recall the 5 evidences i.e girl, father, mother, SI, and doctor, but the judge opposed it she asked my kawyer that all have given there statements then why u want to call them again,,so for tht he said he has few more questions to ask..to which judge has given a date on 21-08-2014 for objection, when i asked the lawyer that all the evidences have turned hostile then why are you calling them...he is saying tht he has to ask some more question and if not allowed to ask then it will cause me a problem..everytime i ask him he says section 376 has no role to play in ur case now as all the evidence have said that it is consensual but 366 A has 10 years of imprisonment if not properly argumented...where the girl itself has given all the information infront of judge that how we eloped were we boarded the bus in which hotels we stayed and how we rented a house...everything even though my lawyer fears me of consequences saying it is a conviction case and we have to be very careful and is delaying the case for the sake of money..so can someone please help me in this and clear to me that even if all the evidences are hostile will i be convicted and please give me a suggestion.
Nitish Banka
(Expert) 15 August 2014
See u/s 366A, the problem is the girl is minor, fact is you took the minor girl with you and you had a relationship with her.which are the ingredients of S. 366A, now your lawyer it seems intends to prove that the girl even though was minor but was capable of understanding the consequences of the step she even though taken on her own.
syed allham
(Querist) 16 August 2014
Yes sir i totally understand that after the nirbhaya case the law has changed...but what about the people like me who are falsely accused..wont the court of law or the judge consider all the statements of the victim and the complainant before convicting someone..what if she is 17 yrs 8 months old, she willingly with her consent had come to me and we both went to hyderabad..these all problem were created by my girlfriends mom and grand mom..they tortured us daily and that made us to take this wrong step..please help me sir i am a student and im nowhere connected to this crime..how can i prove my self..what points should we take so that i can be acquitted from it.
