Regarding 354 d
Lakshya
(Querist) 28 November 2016
This query is : Resolved
Dear Sir,
I went to talk my girlfriend's father drunken at odd hours. He called the police and 7/51 was lodge against me. I have attended 2 dates. I was told that with my good behavior things would be alright in 6 months. But suddenly section 354 D was imposed against me on the ground of the same old complain.
I want to highlight few point
a)father is complainant...(b)Girl did not turn up for record of the statement, neither she signed the document of statement when lady constable and IO visited her house.
I couldn't understand that what happened suddenly. I was not following her since the incident happened.
Please let me know, what if girl may never come for statement or what if she record her statement against me (under family pressure)..? I have never been into this business and preparing for civil services...thanking you
Adv. Yogen Kakade
(Expert) 28 November 2016
I think appointing a good lawyer may help you. You cannot force anyone to give a statement in favor or against someone. If you are innocent, then defend yourself strongly and keep all the facts before the court or appoint a good lawyer.
Rajendra K Goyal
(Expert) 28 November 2016
Father is complainant, girl has not turn up for statement.
It seems, in absence of amicable settlement, she would not speak in your favor.
engage some experienced lawyer practicing in the field to effect cross and get actual facts in your favor.
Rajendra K Goyal
(Expert) 28 November 2016
If the girl does not turn up case may not be proved beyond doubt, beneficial for you.
Court may issue summons/ warrants for her to appear.
If she come for witness, your lawyer may cross and effective cross may benefit you.
If case proved, punishment for 3-5 years can be there.
Kumar Doab
(Expert) 29 November 2016
How would you prove that your visit to your girl friend's residence was reasonable and justified.
Probably it is recorded that you were under the influence of liquor and visited at odd hours.
Probably NO Breath test or any other test was conducted.
Agreed that you may approach a very able counsel at your location and let your counsel defend you..................
R.K Nanda
(Expert) 29 November 2016
contact local lawyer.
Rajendra K Goyal
(Expert) 29 November 2016
Agree with the experts, an experienced lawyer would be of great help if no amicable settlement arrived.
Kumar Doab
(Expert) 29 November 2016
So far the girl has not filed complaint and given statement.
Apparently the tempers are high and hence new complaint.
Involve elders of the family, and anyone else say; Area Councillor, anyone and anybody and come out of the mess, by amicable settlement.................if possible.
At the same time, you may approach a very able and senior counsel at your location and let your counsel defend you..................
