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mayur (helper)     19 October 2013

Ipc 376, 506(2) help need

Respected Sir

 

I am from Ahmedabad Gujarat. My younger brother his age is 23 years he is studding in F.Y.B.com, and his exams will be held in this December/January-2014 as well.He is in ahmedabad central jail since last 5 months without doing any crime. the boy have very bright future but this girl spoil all this.

He is trapped in Rape case by a girl who stated his age 15 year and 8 months on the base of school monthly progress certificate but she has no birth certy as well. She complained that when she came in my house my brother closed the doors and raped her. and they asked me rs.50000 for compromise on the day of complaint as well. we have applied for bail in sessions court ahmedabad on the basis of FIR BUT they rejected after charge sheet and  medical reports their are many contradictions in her statements and complaints as well. Medical report stated that no (virya) virile or blood found on girl or boys clothes or anywhere else. no external or internal injuries found on body of girl or boy. no seaman(sperms)found. Medical reports are clean. medical report not support that the raped is done by the boy.  after chargesheet we applied in sessions court but they rejected and say the reason that(GIRL SAYS IN HER MEDICAL HISTORY BOY RAPED HER) but  the court have reject our bail.

So respected sir i need your advice what i do to release my brother from jail. can compromise be possible.? Or can this FIR can be quashed?  because i am tired from our legal process it is very long and expansive i can not effort this all so i am also ready for compromise as well. i want just come out from all this thing sir.so please sir advice me how i bring back my brother?

 

i hope you will help me and give me advice

 

mayur

mayursays007@yahoo.com

  

 

 



 11 Replies

Sudhir Kumar, Advocate (Advocate)     19 October 2013

have you so far spent more than 50000 or not.

Sudhir Kumar, Advocate (Advocate)     19 October 2013

you have disclosed that medical report is clean. You have not disclosed that how far the facts alleged are true and how far these are false.

mayur (helper)     19 October 2013

Respected Sir

 

The fact is that my brother was alone on that day we are selling buscuits, chocolats etc. since many years. one that day the girl came for buy something and after buying she went at her home.at that time our neighbour girl was present at my home as well. 

 

In real nothing done wrong with that girl from my brother.

 

so pls advice me what i do sir ?

  

Sudhir Kumar, Advocate (Advocate)     19 October 2013

this is a charitable forum whatever you have no right and business to insult the members and also seek free advise.

Sudhir Kumar, Advocate (Advocate)     19 October 2013

Mr mayur is advising Mayur, what was the evidence given from her side? Just her statement? Ask that what time did she come and what time did she reach home? Did medical report clarify physical relationship, not r***? If even physical relationship was not established, then your brother should get bail, approach the authorities. it is very intelligent advise. But all these questions will be asked at the time when complainant comes for evidence. The qauerist is asking how to get bail. He need not remain in Jail till such time evidence of the girl is there. Now he has disclosed that there is a witness as well. Still more facts he will be disclosing which will be vital.

Kolla V. Raman (Founder Chairman of Global Lgal Services)     19 October 2013

You cite contradictions  of medical reports statements etc., Bail will be granted under 376 I.P.C. it may take time. compromise may not be possible, but you try for compromise after getting Bail.

mayur (helper)     19 October 2013

Respected Sir

 

Thanks for your advice.

The girl stated that her age is 16 years(15 year & 8 months) She presented a monthly progress certificate from a Municipal School. but Not presented her birth certificate.and in municipal schools on the stage of admission they are not compulsory to present date of birth certificate. They give admission and register d.o.b what you say orally. I was go to school and i got this answer from a teacher.but they are not giving me in writing as well.

She came at 1:00 pm at afternoon at my home at that time our neighbour girl also came with her and then they both come out from my house together. she stated the boy caught him and closed the both door and raped her.

contradictions:

even she have not shouted once that time.in this type of situation any person will shout and try to escape from that place. In my house there are two doors sop a person how can close two side doors at one time? and  that was afternoon time and time for recess and our home is rode touch so many people just go through from road from that time. so any shout can attract crowd as well. 

 Actually she is age of 18 years her original age is (31-5-1995)i have her birth certificate which i got from city Civik center. She has not presented any date of birth certificate and police also have not presented her proof of birth in charge-sheet. there are so many contradictions in this case.  

So sir my request is that what i should do to bring my brother back from jail?. in this situation is there chances to get bail from high court? can this complaint quash by any way? i just want to come out from this so pls sir help me...

Thanking You.......  

Aashish George (lawyer)     19 October 2013

well, 1st of all, it does not matter what age she is, if her statement is consistent throughout the trial then chances are slim for him to get out. if the trial is in the starting stages he wont be given regular bail, court has to consider the factum of the case and also has to keep the law in mind. let me start with the solution 1st, you can TRY for interim bail based on the exam date, file the examination dates along with his admission documents it will help. rest is on the report of the investigating officer. (this is one method for your brother to come out for a temporary period). next about the compromise, its not necessary that your brother will be let off on the basis of compromise, rape is now considered worse than murder, so it may or may not happen on the basis of compromise. you can approach the high court in order to quash the matter after reaching compromise with the girl, rest is upto the judge.


please seek advise from rajkumar makkad ji in this forum  for the best advise, he is my guru and a very helpful person

take care

regards

aashish george

Sudhir Kumar, Advocate (Advocate)     19 October 2013

Mr Ashish is near to correct solution. Further what facts you have so far disclosed do indicate that you are lucky in one way that some other girl was present but as the socio-legal system runs it may be difficult for her to be brought as a witness. Furthermore, as you revealed you are yourself a witness. In case you are able to establish prima-facie innosence and cannot afford a lawyer you can approach legal aid cell in the court.

Devajyoti Barman (Advocate)     20 October 2013

Mr Prasad , learn how to talk with an  expert.

He is trying to help victims like you but you are misusing this  platform.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 October 2013

It is highly shameful that some querist do not know even the basis sense to talk. No expert is going to tolerate such insulting words for our respectable friend. Admin should seriously take note of the comments passed above against Mr. Sudhir and should ban such persons.


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