Urgent advise required under section 354 a(sc st act)


Dear Sirs,

My brother was blamed by a woman who belongs to SC/ST category for indescent behaviour with her and my brother was arrested under section 354-A (SC/ST act) and right now the case is going on in court at Ujjain Madhya Pradesh. The current status of the case is that the lady has given her witness in court on last date and now on coming date our lawyer is supposed to do the cross questioning with her. However, the lady is now ready to compromise and take back the case. Pls advise what should we do so that my brother gets aquitted and does not get any kind of imprisonment. The lady is ready to help in whatever is required from her side.

Can you please suggest if it is possible for her to take back the case at this stage? Or are there any chances of compromise which court will allow between the two parties? Or whether any other means by which our advocate can cross question her in next date (She is ready to answer in our favour too)?? or any other option..Pls help urgently.

 
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advocate at lucknow

No, at this stage she can not take matter back, but if she is ready she can help you in cross examination denying her previous statements. consult your lawyer

 
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Thanks for reply. Our lawyer has given her a set of questions which she is supposed to answer in "yes" or "No". One of such questions I came to know is like asking about "which month certain festival is celebrated ?" etc. But I am not able to understand whether and how this will actually help in us winning the case. Is this OK as per you??

 
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advocate at lucknow

Mr. Rishi i don't have the copy of examination of chief so how can I tell YOU that which question should be right and which not. But if your lawyer is suggesting so I suppose that was right. 

 
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Law Consultant

Hi

 

The allegations attract S.354-A of IPC anf S.10 of SC/ST Act. I understand the agony of being from general category. People belonging to SC/ST category misuses these provision blatantly and courts know that these are generally fake.

 

This is incorrect interpretation of the law that the girl was harassed because she is SC/ST. She was harassed and that is it. The harrasser never knew the complainant and that in itself is sufficient to defeat the application of S.10 of SC/ST act. Courts generally opt this fallacious interpretation and frame charges incorrectly.

 

Anyways. It is now clear how she has deposed and what is the judge's behaviour in the case. If you know that the girl is telling the truth and it is going to go against you, then compromise is the best policy. As rightly opined by my learned friend, you must get her cross-examination in your favor and then settle the case.

 

If you know she is lying then hire a competent lawyer who can ask questions as per the laid down law so that during arguments stage he/she can show that no case is made out against you as per deposition of the complainant.

 

All the best!

 

//peace

/Saurabh..V

 
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Dear Sir,

Also i have read that there is procedure for quashing the FIR in high court. Is something like this possible in our case? mutual quashing or something?

 
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Dy Director

you can request her for affidavit that allegations are false if she is " ready to help in whatever is required from her side" as you said.

 
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Dear Sudhir Sir,

 

Our lawyer is telling that at this stage even if she provides an affidavit too will not help as she has give her statement in front of the Court. Is It correct?? If not then pls guide further how this can be useful.

 

thanks for reply.

 
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No designation

Shri Sourabh's reply is excellent.     There's one other dangerous category.    Women.       Atrocities against SC, ST and women.     The Supreme Court beautifully put it:   Women use the act as a weapon.     Not as a shield.      

 
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PRIVATE PRACTICE

yes , it is possible if said lady help you at the time of cross examination by giving answer as set by your lawyer . 

 
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