Sec 376
Querist :
Anonymous
(Querist) 31 December 2018
This query is : Resolved
I lodge a rape complaint against a person. Police gathered all the evidence but did not sent one of the evidences for examination. They deliberately spoiled it and returned it to me. What should I do not because that was the crucial evidence without which I cannot prove myself in court.
Querist :
Anonymous
(Querist) 31 December 2018
I lodge a rape complaint against a person. Police gathered all the evidence but did not sent one of the evidences for examination. They deliberately spoiled it and returned it to me. What should I do not because that was the crucial evidence without which I cannot prove myself in court.
Querist :
Anonymous
(Querist) 31 December 2018
I lodge a rape complaint against a person. Police gathered all the evidence but did not sent one of the evidences for examination. They deliberately spoiled it and returned it to me. What should I do not because that was the crucial evidence without which I cannot prove myself in court.
Vijay Raj Mahajan
(Expert) 31 December 2018
What all evidence you gave to prove your charges for the offence of Rape to police that was returned by to you by them?
Querist :
Anonymous
(Querist) 31 December 2018
They collected bedsheet, pair of dress and undergarments. Undergarments were very important for me to prove myself because spurm stains were on it. But instead of submitting it for examination they kept it with them unattended. More than 3 months has been passed for this now. Now they returned it to me. I asked them why are you returning it to me. They said it is not required and took it back. I came home and checked to confirm if it is mine. Then I noticed that the undergarments are spoiled exactly where the spurm stain were. So I think police are playing games with me.
Querist :
Anonymous
(Querist) 31 December 2018
It looks like that the stain part has been removed delebrately by cutting it with knief
Vijay Raj Mahajan
(Expert) 31 December 2018
This is serious matter. You should contact the senior police officer of the rank of deputy commissioner of your district and give written complaint with regards
Vijay Raj Mahajan
(Expert) 31 December 2018
This is serious matter. You should contact the senior police officer of the rank of deputy commissioner of your district and give written complaint with regard to spoiling of the important piece of evidence without sending it for forensic examination thus protecting the accused.
Kumar Doab
(Expert) 31 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 31 December 2018
Manipulation, destruction of evidence, sub-standarad investigation is not something new!
Enggae avery able LOCAL counsel specializing in criminal matters.
You may approach SP/DCP/CP and submit complaint under proper acknowledgment.
In the meantime you may go thru;
Delhi High Court
State (Through Cbi) vs Santosh Kumar Singh on 17 October, 2006
Equivalent citations: 2007 CriLJ 964, 133 (2006) DLT 393
Author: R Sodhi
Bench: R Sodhi, P Bhasin
https://indiankanoon.org/doc/1290716/
Delhi High Court
Zulfikar Nasir & Ors. vs State Of Uttar Pradesh & Ors. on 31 October, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 6th September, 2018
Decided on: 31st October, 2018
+ CRL.A. 574/2015 & Crl.M.A.No. 8003/2015
https://indiankanoon.org/doc/113980221/
Policemen Arrested For Destroying Evidence in Kathua Rape-Murder Case
https://www.ndtv.com/india-news/policemen-arrested-for-destroying-evidence-in-kathua-rape-murder-case-1821042
https://economictimes.indiatimes.com/news/politics-and-nation/5k-rape-investigation-kits-to-distribute-to-police-stations-wcd/articleshow/65088813.cms
and pick up relevant points.
Your own very able LOCAL counsel is to help and guide you.
Kumar Doab
(Expert) 31 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Querist :
Anonymous
(Querist) 31 December 2018
Police did not file appeal to the court before 90 days so the accused is now not behind the bar. Can you please elaborate on what is 90 days before and after.
Querist :
Anonymous
(Querist) 31 December 2018
Police did not file appeal to the court before 90 days so the accused is now not behind the bar. Can you please elaborate on what is 90 days before and after.
Dr J C Vashista
(Expert) 02 January 2019
If police have failed to submit relevant evidence and the accused was acquitted, being a victim did you not file an appeal u/s 372 Cr PC ?
The prosecution can not avoid / conceal such crucial evidence as stated by you, unbelievable statement .
However, consult and engage a local prudent lawyer and file appeal as "victim" u/s 372 Cr PC, if your statement is true.
