Upgrad LLM

false case 363ipc

Security

My nephew who is 22 years old went to an amusement park with his girlfriend who is 13 years old. The girl came out of her home late in the night and got in to my nephew's car and they spent the day together in amusement park and returned the next night on their own. In the menwhile, the girl's parents lodged a complaint in the basis of which the police registered a case of kidnapping. My nephew returned from the amusment park with the girl in the night and knowing about the police case, went straight to the police station and explained that he had not kidnapped her but had gone with her to the amusememnt park. Even the girl told the police that she had gone on her own and was not kidnapped. But since the girl was a minor, the police arrested my nephew and produced him in court from where he got bail. The girl's parents are not willing to withdraw the complaint even after knowing that the girl went to the amusment park with my nephew on her own and the police say that the stament of the girl is worthless because she is a minor. if the girl is asked to give a statement on her own will in court, she is ready to say that she went on her own and nobody forced or kidnapped her, but she is in the custody of her parents and not aloowed to come to court. Please advise how to sort out this matter legally. Thanks, Jasvinder
 
Reply   
 
practicing advocate

Your nephew has to face the trial.  And in the evidence girl has to say the complaint made by her parents is false and she had gone to the amusement part with the accused on her own interest.

 
Reply   
 


LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Agreed with Mr. Rajoo.

 
Reply   
 
SOCIAL SERVICE

POLICE CONCERNED TO INVESTIGATE THE MATTER AND UNEARTHE THE TRUTH FIRST, AND THEN  SUBMIT CHARGESHEET OR FINAL REPORT, WHATEVER THEY DEEM FIT,  TO CONVINCE THE HON'BLE COURT THAT THE BOY OF MORE THAN SIXTEEN YEARS OF AGE HAD NO ULTERIOR MOTIVE  BEHIND SUCH ACTIVITY  WHILE KEEPING A MINOR GIRL IN HIS CUSTODY FOR HOURS TOGETHER..

    HOWEVER, BEFORE COMING TO THE CONCLUSION, WE HAVE TO THINK END NUMBERS OF TIMES, BEING A SOCIAL ANIMAL,  THAT UNDER WHICH CIRCUMSTANCES THE BOY CONCERNED TOOK THE TENDERE/ MINOR  AGED GIRL TO THE PARK IN THE VERY EARLY MORNING.  VERY PURPOSE OF THE FACT FOR SUCH ACTIVITIES BY  THE BOY SHOULD BE CAREFULLY EXAMINED.

SINCERE SUBMISSION,

 

ENKAYVISION

 
Reply   
 
ADVOCATE

During trial, if the girl delivers statement that she was not kidnapped and went to park out her own wishes and the F.I.R. is false, you can get benefit.

 
Reply   
 
Security

The chargesheet is not yet filed and my nephew is out on bail and the case is posted for 9th August for put up of final report (File chargesheet). In the meanwhile the girl has written a letter to the police commissioner in her own handwriting that her parents are uncessarilly harassing her friend by filing a false police complaint against him and getting him arrested, that the girl went to the amusement park with my nephew on her own accord and that the police IO is not taking cognizance of her statement. Will this letter of the girl help in any way at this stage?
 
Reply   
 
Advocate

Dear Jasvinder

As per the offence under section 363, the consent of the lawful gurdian is necessary but it is clear from the facts narrated by you that no act took place by your nephew which can be construed as "taking or enticing" hence the ingridents neccessary to make out the offence does not get satisfied. 

Normally, in cases like these Police produce the girl before the Magistrate for recording of her statement u/s 164 Cr.P.C. If the statement is in the favor of your nephew then court will surely take notice of that. If such a statement is not recorded, then the girl will be produced before the Magistrate, trying the case, where she will have to depose in favor of your nephew. 

You can also approach the High Court U/s 482 Cr.P.C for quashing of charge sheet (Final report) and FIR and there you can get the notice issued to the girl who will depose in your favor, which hopefully will end your trauma.

 
Reply   
 
Advocate

One more thing in case you decide  to approach the High Court, you can produce the letters there for perusal of the court. IO must have already recorded the statement of the girl, and there is a possibility that he might file a Closure report instead of Final report.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x