quashing a fake care of 363 and 376
Madan Mohan Pandey
(Querist) 27 October 2009
This query is : Resolved
a bramhin caste woman in my neighboured has lodged a fake case of abduction and raepe, the realty as the major girl eloped with a harjan guy, since we had enimity, the woman influenced the girl who was recoveded from the harijans home to tell the judge under 164 CRPC to say that me and my uncle abdused and raped. we got bail from lower court.
In the meantime when the eloped girl lived with the harjan man for two days , they made phycical contacts.
The medical tests show no in jury on body and habitual of sex.
My worry is that for sure we are innocent and if pathological tests are brought takes from her vagina, it wil be the harjans semen will be found.But according to 375/376 only penetration is required to make you guilty and not the semen
The chargesheet has been filed since it is more than 90 days.
The trail are yet to begin. The harijan guy is also afraid with tis women and canot dare to marry here although both are of major age and the SC ruling is there that they can live toghther without marriage.
But he is also afraid of the women and the girl is kept as a house prisoner so that she cannot meet the harjan guy again.
will we be punished for the offence which we did not do just because of the bare act langyage that might penettration is enogh.What to do please guide..
Raj Kumar Makkad
(Expert) 27 October 2009
You will have to use all vital evidence in your favour by engaging an experienced counsel and he shall definitely take all the evidence favoring you in the knowledge of court and decision shall be taken keeping in view all the facts available on court file.
(Expert) 29 October 2009
u have a very good case. if the medical reports show that the semenal stains are of that harijan guy and if she is habited to sexual intercourse then u clearly stand exonerated in as much as it is not the prosecution case that u have attempted to rape her! u can file a discharge application b4 the sessions court upon committal.
(Expert) 30 October 2009
Mr.MMN has guide you right. Her medical report can save you and your presence in other place or any other relevant evidence but your local counsel can help you in this regard.