Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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An affair before 18 years can now to termed as rape?

Page no : 2

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     07 July 2015

Dear Mr. ROY

                             I FULLY AGREE WITH YOUR OPINION THAT CONSIDERABLE TIME HAD PASSED FROM THE DATE OF OCCURANCE OF THE INCIDENT. I ALSO AGREE THAT THERE IS A LIMITATION CLAUSE BUT THE OPINION OF THE HONORABLE SUPREME COURT OF INDIA IN MANY CASES IS THAT THE LIMITATION CLAUSE SHOULD BE USED BASED ON THE MERITS OF EACH CASE AND THERE IS NO HARD OR FAST RULE IN THIS . AS YOU KNOW MANY CASES HAD BEEN ADMITTED BY HIGH COURTS BASED ON THESE JUDGEMENTS . PARTICULARLY IN GOVERNMENT CASES AND THE APPEALS IN THE CENTRAL BUREAU OF INVESTIGATIGATION CASES THE LIMITATION PERIOD IS WAIVED WHEN A NEW GOVERNMENT TAKES CHARGE IN ORDER TO PUT DOWN THE OPPOSITION . HERE MY OPINION IS NOT BASED ON THE PERIOD THAT HAD EXPIRED . AS YOU KNOW   HOW MANY CASES ON INDIVIDUAL PERSONS HAD BEEN FILED IN VARIOUS STATES NOT ON THE DATE OF OCCURANCE OF THE MATTER BUT ON DATES THAT ARE SUITABLE TO THE CASES  TO SHOW THAT SUCH AN INCIDENT HAD HAPPENED ONLY RECENTLY . I NEED NOT POINT OUT TO YOU EACH CASE OR EVEN GIVE A CLUE BECAUSE THOSE FOISTED SUCH CASES WILL WAKE UP. ALREADY THEY ARE DOING IT DARINGLY. ONLY IF A LAW IS BROUGHT OUT TO PUNISH OR FILE A CASE BY THE REGISTRY ITSELF ON ALL THOSE INVOLVED IN THE MATTER INCLUDING THE CONCRNED DEPARTMENT ON THE BASIS OF THE RECORDS AVAILABLE IN THE TRIAL NOBODY CAN STOP SUCH HARASSMENT OF INNOCENT PERSONS BY FOISTING CRIMINAL CASES ON THOSE WHO ARE NOT AT ALL INVOLVED IN SUCH MATTERS . I AM VERY WELL AWARE THAT HOW YOU ARE TRUTHFUL TO YOUR PROFESSION AND YOUR ENTIRE FAMILY IS IN THIS FIELD FOR GENERATIONS. I AM ALSO AWARE THAT HOW YOU COULD HAVE OBTAINED A CONSTITUSIONAL POSTING LONG BACK AND SETTLED COMFORTEDLY. BUT YOU DID NOT DO THAT . YOU ARE SERVING THE PEOPLE BY USING YOUR EXPERIENCE IN YOUR PROFESSION AND NOT BY ANY INFLUENCE . MY OPINION IN THIS MATTER IS THAT THE HUSBAND AND WIFE TOGETHER WITH THE HELP OF        " P "  CAN MAKE IT A CASE THAT HAPPENED RECENTLY AND THE PERSON HAD TO ENGAGE A SENIOR COUNSEL LIKE YOU TO COME OUT OF THE CASE . BY MY OPINION I AM DRIVING THE POINT TO THAT MAN WHO HAD ILLICIT RELATIONSHIP WITH A MARRIED WOMAN LONG BACK BY STAYING IN THEIR HOUSE ITSELF AND WAS IN RELATIONSHIP WITH THAT WOMAN WITH OR WITHOUT THE KNOWLEDGE OF HER HUSBAND. SUCH PERSONS SHOULD AVOID STAYING IN SUCH HOUSES TO SAVE MONEY . EVEN IF SUCH A FACILITY IS OFFERED FREE , HE MUST BE MILES AWAY FROM THIS OFFER TO GET RID OF SUCH PEOPLE- JOSEPH WILFRED - 07/07/2015 AT 02:27 HRS. 

 

 

 

 

 

 

 

Biswanath Roy (Advocate)     08 July 2015

MR. WILFRED, 

SORRY TO GIVE YOU REPLY BELATEDLY.  THE VIEWS YOU HAVE TAKEN UP CANNOT BE RULED OUT. BUT I OPINED STRICTLY FOLLOWING THE QUERY OF THE AUTHOR. THANKS FOR YOUR OVERALL OBSERVATIONS. WITH REGARDS.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     08 July 2015

Dear Mr. Roy​

                        PLEASE DON'T MISTAKE ME THAT I AM CONTINUING THIS MATTER AND CONFRONTING YOU JUST FOR ARGUMENT SAKE. YOU KNOW ABOUT ME THAT  I HAVE BEEN IN UNION ACTIVITIES AT THE BANK LEVEL AND THE FEDERATION OF 28 NATIONALIZED BANKS AND FURTHER MORE IN TAMIL NADU FEDERATION FOR 28 NATIONALIZED BANKS . I HAVE FACED SEVERAL FALSE ALLEGATIONS NOT ON ANY MONETARY BENEFIT FOR DOING ANY FAVOR TO ANYBODY BUT FOR HELPING THE FORMER UNION OFFICE BEARERS WHO WANTED TO JOIN OUR UNION AND APPROACHING ME DIRECTLY SINCE I WAS THE GENERAL SECRETARY OF OUR UNION AND THEN CHANGED OVER TO THAT OF VICE PRESIDENT. FOR TAKING UP THOSE MATTERS INDIVIDUALLY WITHOUT CONSULTING OTHER OFFICE BEARERS IN OUR UNION , OTHE OFFICE BEARERS IN OUR UNION ARE CONCERNED ONLY ABOUT THEIR POSTS SINCE IF THESE FORMER OFFIC BEARERS JOIN WITH A HUGE FOLLOWERS ,THEN THE POSTS OF THE EXISTING ONES MAY LAND IN TROUBLE INCLUDING THAT OF MINE. I AM LEAST CONCERNED ABOUT MY POST AND EVEN IF THEY REMOVE ME , I WILL BE HAPPY TO GET RELIEVED FROM THIS DIRTY POLITICS EVEN IN A WHITE COLLAR JOB. SIMILARLY THE EXISTING OFFICE BEARERS OF RECOGNIZED OFFICERS ASSOCIATION ALSO HELD TALKS WITH ME FOR WHICH I ACCEPTED THEIR OFFER ON THE CONDITION THAT THEY WOULD AGAIN JOIN OUR OFFICERS ASSOCIATION IN OUR FEDERATION WHICH THEY LEFT AFTER THE EMERGENCY PERIOD. IN OUR BANK THER IS AN OFFICERS ASSOCIATION AFFILITED TO OUR FEDERATION BUT THESE OFFICE BEARERS HAD TAKS ONLY WITH ME . EVERYTHING I DID WAS INDIVIDUALLY BUT I WILL CONVEY EVERY DISCUSSION I HAD WITH THESE PERSONS TO THE ALL INDIA PRESIDENT OF ALL THE FEDERATIONS AFFILIATED TO THE MAIN ONE WHO WAS IN MADRAS AND TO THE DIRECTOR OF OUR BANK WHO IS A BARRISTER AT LAW AND A SUPREME COURT SENIOR COUNSEL AND THE LEGAL ADVISOR OF OUR MAIN ALL INDIA ORGANIZATION WHICH IS THE LARGEST TRADE UNION IN OUR COUNTRY EVEN TODAY. THE BARRISTER AT LAW AND THE SUPREME COURT ADVOCATE WHO IS VERY INTELLIGENT PASSED AWAY IN 2004 NOT DUE TO AGE BUT DUE TO OTHER COMPLICATINS. 

                      SINCE I HAVE INVOLVED MYSELY IN THESE ACTIVITIES BECAUSE THEY APPROACHED ME , THE EXISTING OFFICE BEARERS WILL FRET AND FUME BUT THEY CANNOT DO AWAY WITH ME BUT ONLY FALSE RUMORS AND ALLEGATIONS MAY COME AT GENERAL COUNCIL MEETINGS WHICH I WILL JUST BRUSH AWAY BUT THAT REMAINED AS A SCAR IN MY HEART EVEN TODAY .

                ONLY ON THESE EXPERIENCE BUT BASED ON LAW AS WELL AS ON WHAT IS HAPPENNING IN OUR COUNTRY IN MOST OF THE STATES AND HOW THE JUDICIARY IS SUFFERRING ON MANY MATTERS I AM GIVING MY OPINION TO THE PERSON TO BE "EXTRA CAUTIOUS" AND NOT TO BE CARRIED AWAY ON SUCH MATTERS IN A CARELESS MANNER. I KNOW HE HAS DONE A MISTAKE AND THAT TOO 18 YEARS BACK BUT EVEN THEN HE MUST BE CAUTIOUS ATLEAST HEREAFTER- JOSEPH WILFRED - 08/07/2015 AT 22:53 HRS   

Nitin (marketting manager)     09 July 2015

Great discussion Experts 

and thanks to Mr.Roy and JOSEPH WILFRED for your valuble suggestions,

i will make sure this does not become a case and drag it as long as possible,i think i am in control as of now.

Thanks,

Nitin.

Biswanath Roy (Advocate)     09 July 2015

@ LEARNED Mr. WILFRED,

WHEN I DEAL WITH ANY QUERY OF ANY AUTHOR IN THIS PORTAL, I TRY TO UNDERSTAND (a) INTENTION OF THE AUTHOR WHICH IS NOT DISCLOSED FOR SOME REASON OR OTHER AND SUPPRESSION OF MATERIAL FACTS ; ( b ) APPLICABILITY OF RELEVANT PROVISION OF LAW ; ( c ) FAR REACHING CONSEQUENCES IF IT GOES TO THE APEX COURT ULTIMATELY. SUMMING UP ALL THESE I FORM MY OPINION.

IN THIS QUERY TOO I CONSIDERED ALL OF THE ABOVE PROCEDURE AND PRACTICE AND CONCLUDED  " THERE IS NO CASE "

 

Biswanath Roy (Advocate)     09 July 2015

@ Mr. T.G.K. Reddy,

You compleatly misunderstood my post.  By using the word 'concluded' I meant to say 'finality of my opinion '.


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