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ab (working)     25 August 2014

354/509 false case

Hi, I am fighting a false molestation case which is a bid to gain property expansion over our house.

Details:

In Nov 2013, prosecution statements were recorded partially where the lady was stammering and was almost caught lying with multiple cross questions, they were varying from original statements given to police. 

In entire 2014 the lady was skipping the date and once bailable warrants were issued she arrived to court but honorable judge was on leave. Next date is in Nov, its going to be almost 2 years and i have not been  able to record my statement to court and tell the truth about cops and complainant nexus. I am not getting a chance to express myself.

What should i do for speedy trials. All the witnesses have already planned to skip the court dates once summoned in order to harass us and make the case long. We are receiving dates with 3 months gap. My career is taking a hit. I am not able to change job. My parents are suffering mentally. There sugar rises due to tension.

How can misuse of the court procedure be avoided? Please help.

Thanks 



Learning

 6 Replies

Ashok, Advocate (Lawyer at Delhi)     25 August 2014

Same (or rather worse) problem is being faced by 3 crore other citizens of the country, whose cases are pending in different courts. There is nothing much you and I can do except to curse the Government and judiciary for delayed justice. Most of your efforts will fall on deaf ears. Perhaps, all of us are responsible for first electing useless, corrupt and criminal politicians to run the Government and then not remaining alert and not taking the Government to task. I can only sympathize with you since I know that no suggestion will work effectively.

LoneFighter (IT)     25 August 2014

I guess there is no other way as expressed by Ashok Sir. 

I guess you can look for 'Speedy trial' in high court. Every citizen has right to have a speedy trial is what i have read. 

Regarding Changing jobs: I guess you could switch jobs, but you might have to disclose case details to your new employer. Not everyone would want to hire people with any accusations, but you can give it a try. 

Please take care of your parents and tell them that its gonna take lot of time and give them moral support.

 

ab (working)     26 August 2014

What is possible to of following:

1. File a defamation case against the lady and family. Because we have faced lot of harrasment and my career has taken a hit. We have been insulted in society.

2. File an appeal in HC to transfer the case from Rohini to Saket or Dwarka court because current one is running very slow.

3. Appeal before HC to record statement of all the witnesses first to foil the bid of delaying the case. one prosecution witness is with us who has been forcefullly made witness by cop.

4. Write a letter to PMO to intervene in the matter and get it investigated through NWC of Delhi Women Commision. or approach women commission directly?

5. Seek Media help? because this case is very close to Nirbhaya case date. and her sacrifice has been misused by cops and a family. cops filed fir blindly blaming the current atmosphere or side affect of Dec 16 rape case.

6.We have 2-5 winesses some of who have already given statement before police. Can these be taken to HC.

Thanks

LoneFighter (IT)     26 August 2014

Hi ab,

My friend is also victim of similar kind of case. I guess you should exercise the option of transferring the case from one court to other. That way, they will probably do something about appearing the case. 

--> Seek media help.. not sure of this, probably you can give it a try. But i guess media is more interested in women heroic stories.

--> prosecution witness might not hold good, if he utters something else other than what is spoken in CD. so you better not count on that witness. They might declare him a hostile witness. 

--> Women commission, :) i have read a article where in a lady police officer felt proud of busting 18 cases where in the rape was made in a wrong manner even though it was consensual. :) i am not sure women commission are of any help. 

Raj   08 June 2016

Misuse of 354 A by Female

Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country.

As a result many false cases and misuse of section 354A by females have been reported till date .  It is a request and need of the hour that Government must make the law fool proof so that  its not  misused by any female to defame /trap any innocent person for their personal grudges/fights.

1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a  fit of rage and section says even if female quotes that  some men has touched her  inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations.

2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness

3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights.

The law is one sided and has a blind eye towards the other part of the story.

4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person

5. Recently, I came across a relevant case of my close relative & hence sharing this.

The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict.  In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable.

6.  Any suggestion/advice /support for such open misuse of this section 354A?

 

Raj   08 June 2016

Misuse of 354 A by Female

Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country.

As a result many false cases and misuse of section 354A by females have been reported till date .  It is a request and need of the hour that Government must make the law fool proof so that  its not  misused by any female to defame /trap any innocent person for their personal grudges/fights.

1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a  fit of rage and section says even if female quotes that  some men has touched her  inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations.

2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness

3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights.

The law is one sided and has a blind eye towards the other part of the story.

4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person

5. Recently, I came across a relevant case of my close relative & hence sharing this.

The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict.  In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable.

6.  Any suggestion/advice /support for such open misuse of this section 354A?

 


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