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Ritika (Student)     25 March 2014

Please help (case IPC 376)

# A victim (18+) was instigated to marriage, and then s*xually exploited. Case was registered, (IPC 120B, 363,376). The accused party showed false / fake papers of marriage. Case continued for 4 months, the session court dropped 120B, 363. Only 376 claimed, now after that the session court gave bail to the accused. Now kindly anyone advice genuinely that what should be done now?


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 8 Replies

Laxmi Kant Joshi (Advocate )     25 March 2014

Ritika what is the age of the accused , as per to you the accused had presented the fake and fabricated marriage papers in the court and got bail , will you tell me from which agency / institution had issued those papers if they are fake and fabricated then inform it to the court and request the court to give order to the issuing authority to bring their marriage registration record and then fight your case on their merit , if it will be fake then the bail of the accused will be cancelled and he will be put behind the bars on rape cases and also to fabricate and give false evidence in the court , but you have to prove the marriage papers are fake and fabricated .

Laxmi Kant Joshi (Advocate )     25 March 2014

Ritika what is the age of the accused , as per to you the accused had presented the fake and fabricated marriage papers in the court and got bail , will you tell me from which agency / institution had issued those papers if they are fake and fabricated then inform it to the court and request the court to give order to the issuing authority to bring their marriage registration record and then fight your case on their merit , if it will be fake then the bail of the accused will be cancelled and he will be put behind the bars on rape cases and also to fabricate and give false evidence in the court , but you have to prove the marriage papers are fake and fabricated .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2014

Dear Querist

you can file a revision petition before higher court against the charge.

Ritika (Student)     25 March 2014

sir the age of accused at that time was not 21, they falsely made the age certificate and then made the marriage papers, even the accused trickled to click the marriage photographs. the victim was forcibly taken to temple for marriage.

Ritika (Student)     25 March 2014

Qureshi Sir, what happens if the session court acquitted the accused? How would the victim get justice then?

Sourav Das (Advocate Supreme Court of India)     27 March 2014

dear ma'm,

regarding bail matter, you have two option-

1. appeal against the order of bail, or

2. go for cancellation of bail.

rest of the case, u hv to contest the case strongly.

 

9910089698

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 March 2014

the victim have right to file an appeal against the order before high court

priyan Sharma (Officer)     31 May 2014

Generally the cancellation of bail is not an easy task.

Court of sessions after due consideration granted the bail and in my opinion grounds which you have mentioned are  not appearing solid and sound.


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