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Just begun (Student)     12 April 2012

376 (16p),363,366,343 ipc--falsely imposed .

Sir ,

My Friend was in love with a girl and they were working outside.They were staying together for 8 months.

The girl took lot of money from the guy.Due to some problem they fled from home.Later on they decided and came back.After they returned Girls family meanwhile had filed case in Women Police station  and chrages put against him are this 376(16P),363,366,343 .He is in jail and its difficult to get him out.Can you please advice that how can the bail happen.Chargesheet has nt been submitted by POLICE yet.Is the charges non bailable .The guy is of just 25 yrs age.Please advice learned panel.



Learning

 9 Replies

k.chandrasekharan (advocate)     13 April 2012

If the elopement and s*xual relationship between the two was at a time when the girl was a minor, then, the offence can be made out. If the girl had alleged about force, fraud, inducement etc., in engaging in acts at the instance of the man, which later on proved to be false as perceived by her, the acts can be impugned as constituting the offences for which the case has been registered.

Even if an offence is non-bailable, there is no bar to the Sessions Court to grant bail. Engage a good lawyer in criminal law practice and move a bail petition. It is quite likely that bail will be allowed.

There is no time limit for the police to conclude investigation and submit charge-sheet. The trial also would go on for years. So, attempting for bail is the first important step. If during trial, the girl regains her past composure and absolves the accused of committing any offence against her, then the case would get dismissed at the end. But time lag can not be avoided.


(Guest)

Dear Querist,

 

If the girl was under the age of 18 years when she went away with the guy, an offence u/s 363 would be made out. There are lots of judicial precedents though which state that if the girl took a conscious decision  to leave the house of her parents and joined the accused with her volition,the accused cannot be made liable under S.363 of the code. As regards the charges under sections 366 and 376, they can be rebutted during cross examination. If the girl testifies that she was not seduced or forced into illicit  intercourse with someone, the charge would not stand in the court. Any criminal trial hinges only on an effective cross examination regardless of how serious the charge is. Lack of a good cross examination may result in conviction in even the most petty offence, whereas a good cross examination is the doorway to acquittal in even the most serious offences. The offence under S.363 is bailable whereas the remaining two are not. Engage a good criminal lawyer and apply for bail. If the Sessions Court does not grant it, move to the High Court.

 

REGARDS,

ASHISH DAVESSAR

DELHI, CHANDIGARH

08427414792

Just begun (Student)     13 April 2012

Sir ,

The girl is elder than boy may be 28 yrs.Right now our main concern is to get him out on bail.We dont hail from big family to hire a big criminal lawyer.We had talked with our lawyer,he adviced us that there are lawyers who do it,but they charge a lot and will do it (get bail )as per their convenient time.

For getting a bail do we have to cite that the allegations are false in the paper.If this is so i will get the details from the place they were staying and from  their previous company.

If we wait for chargesheet then it would take a lot time.Kindly advise so that i can talk with the lawyer in the same way and explain him.


(Guest)

If the girl is 28 years of age, no offence u/s 363 is made out. A girl above the age of 18 years cannot be kidnapped.  You can apply for regular bail on the ground that prima facie the allegations are false, and that the girl is under tremendous pressure from her family to harass the accused as her family had to face ignominy in the society due to their relation. Bail is the rule and jail is an exception.  If the court is satisfied that the further incarceration of the accused is not warranted, it would set him free. Apply for discharge on the filing of the chargesheet. As regards the lawyers fee, the same is negotiable.  You don't need to engage a fat counsel for applying for bail.

 

REGARDS,

ASHISH DAVESSAR

DELHI, CHANDIGARH

08427414792

Just begun (Student)     23 April 2012

Sir ,

With reference to the above IPC imposed on my friend they had done medical test.

The medical report  has been recieved by the police station but they are not sending it to court.

We heard from sources that the medical report is negative ,but while querying it with police ,they are saying that they can send it after 120 days.Is there any rule like this.We are not able to get the bail as the judge would seek medical report before giving bail.

Kindly advice.Is there any rule that the police can keep report for  120 days and if it is true,what is the way ahead to get bail

Just begun (Student)     07 May 2012

Sir my above question may not be clear  so i dint got any reply.Now the lawyers have filed in highcourt for bail after couple of rejections in lower court.The chargesheet has not been submitted by police yet and its around 2 months he is in jail.

Is there is any possibility that the high court can reject bail.A person has not been proven and without any hearing he is kept for 2 months,will there be possibilty for rejection again in high  court.

Please advice for this post dear members....Waiting for your reply

Vishwa (translator)     09 May 2012

Going through your posts, I feel that there is some very strong pressure behind the scene to keep your friend in jail. This may be caused by some political influence through the girl's family, some rejected suitor of the girl, some enemy of your friend...

Police is known to be corrupt and even the judiciary at lower levels is subject to pressure.

Best of luck

Vishwa

Saurabh..V (Law Consultant)     09 May 2012

@Author

 

My first question is: Have you tried getting bail frmo High Court?

 

Now, coming back to your query, I would like to tell you that the pivot point in your case is that the girl stayed with the boy for 8 months. After how many months did the parents of the girl filed FIR? Is there any delay?

 

Also, as the girl stayed with the boy, there must have been some rent receipts where they lived. There must be some neighbours who might have seen them living together peacefully. Why don't you take these evidences and then approach the court.

 

Just by saying that the case is false would not save your friend and court would not allow bail in such serious allegations.

 

Try to explain to the court that the girl went with the boy on her own and now because of her family pressure she is not able to speak truth. These charges have been slapped by police under the influence of the family of the girl and that an innocent is suffering in jail because of false case.

 

Pls hire a good lawyer who can make the court understand the need for bail and who can convince. I think a good lawyer (if you talk about Delhi), would not take more than Rs. 50,000 for this regular bail.

 

If you can get an opportunity for mediation or to talk to the girl then if the girl agrees to be in your favor, then you can directly approach the High Court and get this matter quashed.

 

Such cases in general are rampant wherein girl elope with the boy and then later under her family pressure give statement against the boy. This is very pathetic and sad situation for men. A girl who endeavored to support a boy and then later retracts should at the first go think 100 times because in the end the girl is safe and need not undergo any problem but the boy who is not at all at fault has to undergo so much trauma. Alas!

 

Please feel free to ask if in case you have any other query. Also if in case your case is in & around Delhi then I can suggest a good Criminal Lawyer who would be very reasonable in his fees..

 

//peace

/Saurabh..V


(Guest)

As I said in my last post, bail is the rule and jail is an exception. If the HC doesn't grant bail, your friend may move the SC for his release. In the event of the SC also refusing to grant bail, he would be left with the only option of contesting the allegations in the lower court. Engage a good criminal lawyer who can convince the HC to believe that the girl went with the boy with her own volition, and the case has been registered at the behest of her parents. Also, he may consider moving the HC for quashing of the FIR in relation to S.363 as the girl is over 18. The other allegations can be rebutted during the trial. 

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh


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