ovais khan (software) 22 August 2013

376 procedures

All,

police filed chargesheet after 2 years for a case of 376 against me for which i had got Anticip. Bail.

i was not arrested. Girl alleged promise of marriage and rape etc..

i had got AB , order stated that girl was mature 32 Yrs old. Now i want to know that

1. recently Supreme court passed a judgement that promise of marriage can not be a reason for 376 if girl is Adult. So can i ask for dropping of 376 from chargesheet?

2. Is personal attendance must for accused or i can request for exempmtion?

3. Does any one have step by step manual , like what happens when the trial starts?

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2 Replies

Sudhir Kumar, Advocate (Advocate) 23 August 2013

personal appearance on each date (unless exampted) is must and non-attendance leads to bail cancellation.

hire an advocate who knows the procedure.

T. Kalaiselvan, Advocate (Advocate) 07 October 2013

Consensual s*x is not considered as rape but amounts to cheating and attracting punishment thereon. You file for quashing the FIR before high court..

U/s 205 of Cr. P.C , a magistrate may dispense with personal attendance of accused if he sees reason so to do, and permit him to appear by his pleader but again the magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and if necessary, enforce such attendance.