vinod bansal
17 February 2011 at 22:47
R/Experts
In given case i am representing one of the four accused,as per prosecution case, one accused commit rape and rest three quard him,the accused to whom alleged rape is attributed was undergone DNA test,now prosecution evidence is likely to be close but police/prosecution has not filed DNA Report on case file,(I know DNA Report is not favouring to police case thats why prosecution is withhelding this report,what i have to do in given circumstances,i have to wait till defence evidence or i have to move any application for production of DNA Report,Kindly help,its urgent.Regards Vinod Bansal adv Jind
lalitkumar bhandari
17 February 2011 at 20:02
there is one case of dishonour of cheque.In this case complainant's evidence is closed by filing evidence close purshis.The complainant has not examined any witness. After that accused stepped into witness box in his deposition some new facts come on the records.now the complainant wants to examine bank witness by way of additional evidance.whether it is permissible as per evidence Act.suggest any judgement.
Anonymous
17 February 2011 at 19:44
Gori is the daughter of Chottee belonging to a tribal community. She used to attend literacy
classes arranged by Gopal, a voluntary worker belonging to a NGO working for tribal
development. They fall in love. However, Gori refused to have sexual intercourse with Gopal
despite his persistent demands because he told her that he was already married and has a child
back home. But Gopal told her that he would marry her after divorcing his first wife. Still Gori
refused.
On a rainy day after the class they were alone in the tribal school. Gopal persuaded Gori to have
sexual intercourse. Though Gori was not initially willing. She did not resist his advances
repeating his promise to marry her. Because of fear of her elder brother who received education
in town, Gori did not disclose the incident to any one. On the subsequent days Gopal had sexual
intercourse with her and she did not object. This relation continued for some months and she
became pregnant. She had no other go but to report the fact to her brother who was furious and
complained to the police. A case of rape was registered against Gopal.
The matter was taken up by the tribal Panchayat and though under their custom they were not to
be married, because of the influence of her brother and Panchayat arranged their marriage. The
police investigation was however continuing while Gori delivered a baby. After a month Gopal
deserted her and the baby. And she filed a petition under S125 Cr. P.C. for maintaince. The
Magistrate refused to treat her as Gopal’s legally wedded wife and maintaince to her was refused.
At this stage, the criminal case came up for trial. Gopal moves to the High Court under S. 482 Cr.
P.C. for quashing the case. He argues that Gori is his wife and that since she consented to have
intercourse there was no rape.He also argued that she was a major and that her school certificate
indicating that she is minor cannot be accepted as the Head Master claims that he recorded the
age given by her father without verification. In fact Gori has no record to prove her age except the
statement of her father as recorded by the Head Master of the school where she was once
admitted.
The state argues that:
1. She is a minor as signified in the school certificate.
2. She did not consent to have sexual intercourse.
3. She is not Gopal’s wife and
4. Even if she accepted to be his wife still the criminal case would have to be continued.
Gopal counter these arguments saying:
1. She is a major. Her certificate cannot be accepted
2. She did consent
3. She is his wife as he married her according to tribal custom
4. It is not proper to initiate criminal case against the husband for having sexual
intercourse with his wife.
Argue the case as advocate for respective side.
Anonymous
17 February 2011 at 17:05
I received Legal notice of 138 Of N. I. Act in this notice there is some mistakes
1) Mistake in proprietor name who given notice.
2) The notice received without sign of advocate.
In this basis the case is dismissed or not please help me.
Anonymous
17 February 2011 at 14:38
On my complaint police had registered a case u/s 448,380,506(II) and 34 in the year 2003 for breaking in to my office premises and the case is since then pending in MM's court. I had been approached by the accused to settle the matter. Pl. advice if it can be done and the precaution I need to take to avoid future problems. I hv lost interest due to delay by corrupt MM as he keeps giving dates.
venkatesh
17 February 2011 at 14:23
Dear Sir,
An ex-employee of ours who was dismissed from service has been using our inside information such as client name, contact information, pricing information etc., and has been trying to snatch away existing customers, by under quoting and has taken away 3 contracts already causing damages of around 25 lakhs per annum.
He would not have had access to this information if he were not to be working with us.
Under what section of IPC can we take action against him ?
Also what are the sections for filing criminal case for attempts to damage our reputation in the market ?
Anonymous
17 February 2011 at 14:12
In an 138 case only photocopy of legal notice has been only produced in the Court and exhibited (in evidence by way of affidavit). During cross the complainant admitted that he has not produced the original signed copy (office copy).
1) Is the photocopy of legal notice admissible in evidence if original not produced ?
2) is there any need for a specific application for Court to de-exhibit the same since complainant has now closed his evidence without filing the original signed copy of legal notice or his admission in cross that he has not produced the original copy is sufficient in itself for non compliance u/s 138 NIA case.
Anonymous
17 February 2011 at 13:39
1. How the Trial court come to the conclusion that "DEMAND" is made ?
On the basis of what the court will -presume that demand is made.
A. On the basis of voice recordings:
B. simply on the basis of complainant statement.
2. How the court will conclude that money is accepted?
3. If more than two persons are involved in a corruption case if one of the accused accepts money from the complainant and on the pressure of IO he hands over the money to the second accused without any demand etc. How the court will conclude that there is conspiracy between the two? since ahe first accused didnot have any knowledge about the second accused. Neither he met him nor known to him. on the basis of pressure from IO and another person calls from his mobile the second accused and first accused hands over the money. In this case how the court will consider demand and conspiracy weith only mere recovery. no voice recordings.
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Withdrawal of Anticipatory Bail
A filed complaint against B and FIR registered.
B absconded.
B's counsel file Anticipatory bail
A intervenes.
B's counsel withdraw Bail petition
it happened 7 times, filing and withdrawal.
Police not taking any more steps. 3 months passed by.
What A can do?