Accused u/s 376 ,compulsory at investigation stage
GANGAM.RAJENDER.
(Querist) 26 September 2013
This query is : Resolved
the accused was arrested and granted a bail in the offences u/s ipc 376 and sc st act.the charge sheet has not been filed since four months.
1.how many days will take time to file charge sheet.if delay of filing the sheet can we go for cancellation of bail .
2.io is coMpletely favour of the accused person.
3.sp has been endorsed the case to sho ,but they could not file the fir in time and they take 2 months time for fir registration from the date of sp order.
4.now the io trying to dilute the case facts .
5.if the charge sheet not filed ,the accused compulsory to attend the court or any exemption is there relating to charge sheet.
6.at this stage what steps we have to follow.
THANK YOU SIR
Adv. Chandrasekhar
(Expert) 26 September 2013
On the face of it, it shows there is connivance between the IO/Prosecution and accused in the case. In the case of rape, that too come under SC/ST Act, the IO is duty bound to file the charge sheet within 90 days from the date of FIR. As he has not done so, the accused got bail without any hitch. This is first indication to prove the connivance. Next, is delay in registering FIR. Despite SP's order, the P.S. delayed the registration of FIR. In these circumstances, I fear that the I.O. will not collect the necessary evidence to prove the case beyond doubt. You engage a good and sympathetic advocate towards women and more particularly SC, ST categories and file appropriate applications before the magistrate to file the charge sheet expeditiously and also move simultaneously the application for cancellation of bail. For cancellation of bail, strong reasons shall be shown to the court, like tampering of evidence, conniving with the I.O., intimidating the prosecutrix etc.
Rajendra K Goyal
(Expert) 26 September 2013
Well advised by the expert, nothing more to add.
Raj Kumar Makkad
(Expert) 27 September 2013
You should immediately move an application either before the concerned court or SP under section 173(8) of criminal procedure code to hand over the case to any impartial senior officer of the police for the enquiry of the case otherwise you shall be sufferer in the case.
