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Madan Mohan Pandey   22 July 2010 at 18:46

Fake case of abduction and rape

Res. sir/Madam,
Me ,aged,30 an advocate and my uncle aged 47 have been accused of a forged case of abduction and rape Sec 363,366,376,506 IPC against us by a bad charactered lady neighbouring us in last June 2009 for which both of us have been bailed out, Myself from high court and my uncle got imprisioned for a month and bailed by ADJ. We have done nothing and nowhere involved in thses crimes.
Since there was old enimity and some faujdari sections are already running in the court between us and the ladys family and Sec 323,325,504,506, and we have been with tussel with them for 4-5 years regarding the dispute of a comon way which she encroaches..

The realty was that her mojor/minor girl which is also a issue, a minor 17 years from school certificate and 19 years by Medical jurisprudence,, eloped with a man of nearby locality and lived in her house for 2-3 days where she was recoverd by police and all camein media and TV channels

All the evidences eg, Police dairy , charge sheet ,witnesses and there stastement, girl, herself comiitted that she elpopd with her so called friend. are favouring us except her misguided statement under Sec 164 CRP cunder magistrate.As tought be her mother she took our names and made a story which was same as the FIR and said to magistrate that both named, me and my uncle had abducted her and raped her.
Shall we be convicted only on her sole statement under 164 Crpr. since the trend is that mere statement of 164 is enough for our conviction.I am a judicial aspirant aslo and will it effect my selection before conviction ?
Both me and my uncle are major and married and both of us have childern.
Shall the court decide on other factors or statement under 164 is our conviction is our fate.
The lady(the girls mother)is a sex worker and is demanding money for compromise..
The medical reports of the girl are positive since the man she eloped with made physical relations and now is daunted to marry her because of her cunning and criminal minded mother.
Also no boldily injury has been found, no signs of protest, medical reprt says the hymen is old torn and secondary sexual characters well developed and that the vistim is habitual of sex .
In reality the girl is of bad characteer and she has done the same many times but this time we are accused because of her mothers plans and her involvement with SHO who used to take advantage of her for there favours.
She is really a cunning women who has no boundries to defame her firl to make money and to take revenge from us. Also FIR has been lodged 48 hours lateer and medical exam of girl has been done 8 days later.

I want utmost assistance and if someone of you experts, is interested he/she may give her cell number on which I can call.i will be highly obliged.

Adovacate
Mohan

Anonymous   22 July 2010 at 18:43

Fake case of abduction and rape

Res. sir/Madam,
Me ,aged,30 an advocate and my uncle aged 47 have been accused of a forged case of abduction and rape Sec 363,366,376,506 IPC against us by a bad charactered lady neighbouring us in last June 2009 for which both of us have been bailed out, Myself from high court and my uncle got imprisioned for a month and bailed by ADJ. We have done nothing and nowhere involved in thses crimes.
Since there was old enimity and some faujdari sections are already running in the court between us and the ladys family and Sec 323,325,504,506, and we have been with tussel with them for 4-5 years regarding the dispute of a comon way which she encroaches..

The realty was that her mojor/minor girl which is also a issue, a minor 17 years from school certificate and 19 years by Medical jurisprudence,, eloped with a man of nearby locality and lived in her house for 2-3 days where she was recoverd by police and all camein media and TV channels

All the evidences eg, Police dairy , charge sheet ,witnesses and there stastement, girl, herself comiitted that she elpopd with her so called friend. are favouring us except her misguided statement under Sec 164 CRP cunder magistrate.As tought be her mother she took our names and made a story which was same as the FIR and said to magistrate that both named, me and my uncle had abducted her and raped her.
Shall we be convicted only on her sole statement under 164 Crpr. since the trend is that mere statement of 164 is enough for our conviction.I am a judicial aspirant aslo and will it effect my selection before conviction ?
Both me and my uncle are major and married and both of us have childern.
Shall the court decide on other factors or statement under 164 is our conviction is our fate.
The lady(the girls mother)is a sex worker and is demanding money for compromise..
The medical reports of the girl are positive since the man she eloped with made physical relations and now is daunted to marry her because of her cunning and criminal minded mother.
Also no boldily injury has been found, no signs of protest, medical reprt says the hymen is old torn and secondary sexual characters well developed and that the vistim is habitual of sex .
In reality the girl is of bad characteer and she has done the same many times but this time we are accused because of her mothers plans and her involvement with SHO who used to take advantage of her for there favours.
She is really a cunning women who has no boundries to defame her firl to make money and to take revenge from us. Also FIR has been lodged 48 hours lateer and medical exam of girl has been done 8 days later.

I want utmost assistance and if someone of you experts, is interested he/she may give her cell number on which I can call.i will be highly obliged.

Adovacate
Mohan

Rajiv Batra   22 July 2010 at 15:06

filing of fresh documents at cross examination stage

Under PFA Act
Is filing of fresh documents and exhibiting them permitted at cross examination evidence stage, when there is no reference of these documents in compliant or at examination in chief ?

Anonymous   22 July 2010 at 14:03

sec498a

i want to know my parents liability under sec
498a.in 2000 my bhabhi file 498a .that time he had registered no relation to my parents.
she stayed at her home and compromised.but after 1 year she with her brother and jija came back by breaking the lock of house in the abscence of my parents.after that she is continuosly abusing them by hooliganism.now after 10 years of his first FIR,she again file.my parents r in police custody and v r nt getting bail jst because of judicial process.pliz advice me wt can v do that court will know the truth.eveything is going so delay.

Anonymous   22 July 2010 at 13:10

N.I.Act

Dear Sir,

Revision application filed for quashing of issuance of process under section 138 of N.I. Act, but trial court is not incline to adjourn the matter on the ground that the revision application is filed. I consult to my senior who told me that there is a judgment to that effect that if the revision application had been preferred by Accused the trial court should retrain from hearing the case, I tried my best but unable to find out. Kindly give me citation to that effect.


Thanking You,

Santosh Thakur

yadav sanjeev   22 July 2010 at 09:24

cheating&forgery

contractor was reqired to purchse a goods from particular govt. agency but he did not so.he submitted false and fake biils showing that he purchased goods from particular agency and recived payment from deptt. but fact is that he has executed work which was assinged to him. whether prosecution can be launched against him.pls also site a ruling.

lalit   21 July 2010 at 16:56

forum to move

sir,
whom do i move for Section 268, 269 and 270 of the Indian Penal Code?

thank you

Anonymous   21 July 2010 at 00:02

About bail

If the District Court reject the bail, It is possible to file caviet by the opposite party in High Court.
Please give us right Information to help for Opposite Party.

pranay   20 July 2010 at 23:02

Expert Comment required Urgently

Dear Sir,

We require urgent legal advice . The case of IPC 420 filed against my Father who is CIVIL Engineer in coal India (PSU). The same was filed by a contractor against grudge of not receiving favor. My father was posted in Chhatisgarh, he was then transferred to West Bengal. Police without having warrant or permission from court went to west Bengal and arrested my father. Bringing him to chhatisgarh they released taking hefty money. Father having no option gave them money and went to high court seeking anticipatory bail(earlier rejected by lower court). Later he was granted bail from the trial court also .

As suggested by some of you lawyers my father went to high court for 482 for quashing of court .Now we have two problems

1) The 482 plea got rejected by High Court stating the trial court will have to take cognizance of this matter . While a citizen has full right to avail this but how come we got such verdict ?

2) Also my father was planning to go against police against unfair way of earlier arrest drama, in lower court Durgapur, but the ADJ refused to take cognizance "Police is a public servant and need permission from H'ble Governor of Chhatisgarh". Seeking permission from Governor we still have no reply . What to do now?

My father is also a public servant then how come Police didn't took permission from Chair Man of Coal India before filing of FIR .

Can we go against heavy Corpus (don know exactly) against police .

Kindly drive our next course of action .


Regards,
Pranay

Member (Account Deleted)   20 July 2010 at 22:05

PRISONERS AND ARRESTED INNOCENT PERSONS COMPENSATION

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

PRISONERS INCLUDE CONVICTED ACCUSED AND ALSO INNOCENT PERSONS ARRESTED MERELY ON THE BASIS OF DOUBT.




1 PRISONERS INCLUDE ACCUSED PERSONS WHO ARE ARRESTED ON THE BASIS OF DOUBT WHO ARE IN JAIL AND COURT TRIAL IS PENDING AND ALSO INCLUDE CONVICTED ACCUSED.
2.SEVERAL INNOCENT PERSONS ARE ALSO DUMPED IN JAIL AND AFTER COURT PROCEDURE ARE RELEASED AND ACQUITED.
3.EVEN AFTER RELEASE GENERALY THE SOCIETY DO NOT ACCEPT THESE PERSONS EASILY.
4.THERE IS A NEED TO COMPENSATE SUCH INNOCENT PERSONS WHO WERE DUMPED IN JAIL AND SUBSEQUENTLY ACQUITED BY COURT AS THERE WAS NO PROOF AGAINST THEM.
5 WHO WILL COMPENSATE SUCH INNOCENT PERSONS WHO REMAINED IN JAIL FOR SEVERAL DAYS/YEARS .THERE IS A NEED FOR SOME LAW PROVISION FOR PROVIDING COMPENSATION TO SUCH PERSONS BY FIXING THE LIABILITY ON THE PERSON WHO WAS COMPLAINENT AND FILED FALSE COMPLAINT AGAINST THEM AND ALSO COMPENSATE THEM IN SOME OTHER MANNER.
KINDLY COMMENT ON THE SUBJECT.