Flase case of female molestation
Sumir
(Querist) 29 June 2013
This query is : Resolved
My friend, 28 year old, doctor, is implicated in false case of female molestation.
He examined a female patient, and took he grandmother as female attendant. Now the grandmother is alleging that he (doctor) molested the girl in front of her (inappropriate touching). Now how can he prove his innocence?
adv. rajeev ( rajoo )
(Expert) 29 June 2013
It is matter of evidence,engage a lawyer who can advise you properly after going thru., the charge sheet.
If he is not arrested then he can apply for the anticipatory bail. If he is influenced doctor he can use his influence on the police to file B report.
Adv Archana Deshmukh
(Expert) 29 June 2013
If any case is filed then, engage a lawyer to defend properly. If not yet filed, the he can explain his conduct to the satisfaction of the other party.
Devajyoti Barman
(Expert) 29 June 2013
The innocence is proved only after completion of trial. I am afraid before that the accused person shall have to face all the ignominy of trial and even arrest.
Rajendra K Goyal
(Expert) 29 June 2013
Agreed with the expert, nothing more to add.
ajay sethi
(Expert) 29 June 2013
agree with experts . innocence has to be proved in trial . in the present case garnd mother has alleged that uyyou have molested her grand daughter .
S.B.adil rahman
(Expert) 30 June 2013
Whether the case has been recorded under the amended laws 2013 or under old law. What is the section of law? What is the statement of the victim girl? Whether she has given any statement before the Magistrate under section 164Cr.PC? Whether the complaint lodged by the grand mother has any ingredient of sexual overtures? Which part of the body of the girl had been touched? Is your friend a gynaecologist? A perfect advice is not possible until you disclose all these issues. Modesty is a wide term.The Supreme Court in Ramkripal s/o Chyamlal Charmakar vs. State of Madhya Pradesh (vs. State of M.P. 2007 Cri.L.J.2302) had observed as follows:
"What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object.Modesty is defined as the quality of being modest; and in relation to woman, "womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct." It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions."
I think,I have been able to clarify some of your doubts.
