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False accusation under section 366 a and 376

(Querist) 17 August 2014 This query is : Resolved 
Dear Experts,

I have been falsely accused under section 366 A and 376 by my ex girlfriend father..me and my girlfriend had eloped out to Hyderabad bcz we couldn't bare the torture by our parents... once we were caught and returned to Bangalore, me and my girlfriend family had discussion and decided that we both shld get married...as i was only 19 years old and my girlfriend still 17 yrs and 8 months old my father opposed ur marriage and said that we can only get married once we attain marriage age but in rage my gf father filed a false case under the above sections and now its been 2 and half years of the case been filed still it is running in CCH 51 of Bangalore civil court..all the evidences are tried and the father of my gf told out the truth that he filed a case in fit of rage and when doctor was questioned even he said that there is no point of forceful sex or grievous injury on the girls body and he said it as consensual sex and my girlfriends also said the same as we both eloped with our will..so all the things are clear and now the case is heading towards the closure phase but my lawyer has filed a application under section to recall the 5 evidences i.e girl, father, mother, SI, and doctor, but the judge opposed it she asked my kawyer that all have given there statements then why u want to call them again,,so for tht he said he has few more questions to ask..to which judge has given a date on 21-08-2014 for objection, when i asked the lawyer that all the evidences have turned hostile then why are you calling them...he is saying tht he has to ask some more question and if not allowed to ask then it will cause me a problem..everytime i ask him he says section 376 has no role to play in ur case now as all the evidence have said that it is consensual but 366 A has 10 years of imprisonment if not properly argumented...where the girl itself has given all the information infront of judge that how we eloped were we boarded the bus in which hotels we stayed and how we rented a house...everything even though my lawyer fears me of consequences saying it is a conviction case and we have to be very careful and is delaying the case for the sake of money..so can someone please help me in this and clear to me that even if all the evidences are hostile will i be convicted and please give me a suggestion.

i totally understand that after the nirbhaya case the law has changed...but what about the people like me who are falsely accused..wont the court of law or the judge consider all the statements of the victim and the complainant before convicting someone..what if she is 17 yrs 8 months old, she willingly with her consent had come to me and we both went to hyderabad..these all problem were created by my girlfriends mom and grand mom..they tortured us daily and that made us to take this wrong step..please help me sir i am a student and im nowhere connected to this crime..how can i prove my self..what points should we take so that i can be acquitted from it.
ajay sethi (Expert) 17 August 2014
no case of rape is made out . it was consensual sex as evident from your gf statement.
Rajendra K Goyal (Expert) 17 August 2014
Consult another lawyer, show him full case file and have second opinion.
R.K Nanda (Expert) 18 August 2014
agree with experts.
malipeddi jaggarao (Expert) 18 August 2014
You have grown up above your age. However since you are a student and willing to mend your ways I tender the following advice:
1. By this time you both have become majors. You are above 21 and she is above 18.
2. First of all you get married yourselves with the consent of both the parents. This will mitigate your problem.
3. If this happens, the charges under Sec.366A and 376 will not have much effect. You will get many number of decided cases to come to your rescue. The following are the comments by the judge in similar case:

A city court (Delhi) has observed that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed.
During the trial, the youth told the court that the girl had accompanied him to Kolkata on her own and they got married there but he denied having physical relations with her. The court also noted that the marriage was accepted by the girl's mother.

Above all, Mr.Syed, was it the age for you to elope with a girl? Even for Love, one should attain some age. It is the age for you to concentrate on studies and make a path for your career. You have done a wrong. Be guided by the parents.

As regards your advocate, since you are student entangled in a criminal case, what is wrong on him to take advantage of the situation? If he requires more fees and if your parents can afford, better pay and get his assistance. Though he frightens you, he will definitely defend your case to the best of his ability. Keep trust in him. Say sorry to your parents and as well as girl's parents. Both of you concentrate of your studies, though marriage is planned as I suggested above. Love, marriage will not give you livelihood. They are part of your life but not the whole life. Be careful henceforth.
Raj Kumar Makkad (Expert) 20 August 2014
I do endorse the wise advice of jaggarao.
malipeddi jaggarao (Expert) 21 August 2014
Thank you sir Ld.Expert Shri Rajkumar ji Makkad for endorsing my views.
T. Kalaiselvan, Advocate (Expert) 23 August 2014
Your advocate is right in recalling the hostile witnesses for cross examination because in this type of case, all the possibilities are to be ruled out or else, even a small spark can ignite the fire and devastate the case resulting into conviction. Cooperate with your lawyer,without knowing properly about his intention, do not suspect his integrity.


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