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Atul (Software Tester)     05 July 2011

Urgent Help required in cases 420,376,313,506,509,292,500,32

Hello,

Seeking help in a case where my friend and the girl were in relation for 5 years. In 2006 my friend and girl fell in love and in 2007 nov/dec made love. Since then they have been having s*x and in 2008 nov/dec girl got pregnant and decided to abort it as girls family was not aware of her love affair. Mutually they both got abortion form filled as husband wife. After many years on Oct 2010 due to some petty dispute the girl stoped talking to my friend. After many appeals requesting for forgivness girl did not get back to my friend. He took his relatives and went to girls house to ask for marriage and request forgiveness. Girl's family were indifferent to the case and asked him to talk to girl directly and not to them. After which due to agony and anger my friend started sending offensive messages and messages to get back to him since then. The girl complained to local police who later asked the boy not to contact her any more. The boy agreed then but later did contact her again.

Due to this, the girl put following story and filed and FIR against the boy:

1. The boy told her false stories and made her fall in love. After this both families wanted to get them married and she started obeying his instructions as hindu house wife.

2. He took her to a farm house and date raped her on Nov/Dec 2007 after druging her. The farm house is no more there as there is an airport constructed over it.

3. In Nov/Dec 2008 girl got pregnant and boy's mother and boy took her to hospital and got her aborted without her concent. (In reality girl's mother and boy went to a hospital close to girl's house and girl was following up with doctor on all her previous visits and even for abortion)

4. After this boy denied marriage and is deframing the girl. (In reality boy considers her as his wife as they accepted in a temple {no legal proof} and is willing to marry legally)

 

Kindly suggest how long would be the bail process infront of session court. Also kindly suggest what should be done next?



 16 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     05 July 2011

Dear Querist,

 

Facts stated appears to be not against your friend. Only thing your friend need is cool and calm. For obtaining bail, one needs to show your friend's good intention, absence of mens rea, your friend's status, degree of your friend's involvement in alleged crime and remoteness of it, etc.

 

If your friend try, he may get bail, of course, depending upon so many external factors. Your friend may consult my friend who is practices criminal trials, Mr. Sanjib Dutta @ 9818235515 at New Delhi. He can help your friend indeed.

 

Trust this would suffice.

 

Rabin Majumder

Advocate

New Delhi

1 Like

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     05 July 2011

In a recent judgment Hon'ble Supreme Court held that if a girl who is major, cohabit with a man on his assurance that he will marry with her than it is not rape. In this case also accused can get bail.

Vipin Sharma, Advocate. Mobile- 09610000043

1 Like

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     05 July 2011

go through this judgemnt

https://www.indiankanoon.org/doc/488113/

i feel your friend is on the right side of the law

1 Like

Saurabh..V (Law Consultant)     05 July 2011

@Atul

 

There are few loopholes in your post as I observed. First you say that boy loves the girl and want to marry her but on other side you say that even after police intervened and cautioned him to not to bother the girl, he still kept on sending offensive messages!! Strange..

 

Anyways. There has to be clear - mind before you take any step. There are two options only:

1. Marry the girl who filed a case against you despite a many year old relation. In this case, you might end up facing another 498A, DV Act etc not only against the boy but against whole family as the girl doesnt seem to be in her senses and there might be other ulterior objectives in her mind. However, if you feel that your friend can rely this girl, then this is the best option available. You can tell the court that we are still ready for marriage and it's only the girl who is running away. If the judge could appreciate your plea and can understand this "uncodified" portion of law, he would immediately give you bail.

2. Don't marry the girl. In this case, you will have to show that you always had good intentions to marry the girl but in the end due to her mistakes, you both ended up in fights and finally break-up. Choose this option only if you have solid proofs which you can show to the court and which the court can easily rely on. Unless you don't have proofs it'll be very difficult to get bail. Also if you think girl cannot show proofs of her claims, then also you have a stronger chance of winning your case.

 

Word of caution: Be calculative. Discuss freely and openly with the parents of the boy. Let the whole family come to a unanimous decision if to take this girl as daughter-in-law or not. If yes, there is no case and amicable settlement can be reached. The judge would immediately give you bail and then this FIR can be quashed by High Court. The girl should support you through-out and that's it.

If you decide not to take this girl, just keep your proofs ready and stay on your toes. Stay away from known places as police must be trying to find and arrest your friend. If Sessions Judge hesitates to give bail, immediately apply to High Court. Gather ALL evidences that you have and let the Judge appreciate them.

 

All the best!!

 

//peace

/Saurabh..V

1 Like

Bhagavat Upadhyaya (Manager)     05 July 2011

Hello,

There does not seem to be any sense in the defence of your friend. You may have to establish that he had no malafied intention of ruining the carrier / life of a girl, on emotional ground.

The advocate of the girl seem to be more powerful to put your friend in embracing position. 

You will have to decide as to how you want to spend your energy ?

Atul (Software Tester)     07 July 2011

Thank you each and everyone for giving your valuable advice. I was able to communicate well and discuss things clearly with my advocate after reading your comments... Wanted to answer some of the questions posted here:

@Nu.Delhi.Law.Fora. Thanks a ton for your advice

@VIPIN SHARMA. Thanks a ton to you too, if things dont work with my family lawyer I shall consult you for sure.

@Saurabh..V.. Great help bro, but to answer your question, yes he is stupid he is idiot he is in love. Everyone tried to reason with him but we could not, we are hoping that atleast now he leaves the girl and the lawyer will get him out. Else I just wish that the girl realises his feelings towards her and ignores his stupidity and marry him. Not sure gotta wait and watch. 

 

@Bhagavat Upadhyaya.. I guess you did not read through the story. Both families were close to getting them married. My friend still wants to marry her. Its just their ego that has brought them apart and they started fighting with each other, but my friend never had wrong intentions and still does not. I believe you are married, if your wife runs away and hangs out with another guy what would be your reaction? I ask. I do appreciate your good intention to take time and reply to my post. Trust me if he was on wrong side and in a matter of girl, I would have been the first one to flee..

Bhagavat Upadhyaya (Manager)     08 July 2011

 

 

 

 

 

 

 

Deat friend,

Sorry for the matter. In fact this is such a delicate matter that it is required to be sorted our without any ego on any other side.  The accusations on which ever the side, are not easy to prove.  The post effects of the entire process are detrimental to the social life of both the parties.

I have tried to give you an impartial advice. Even the problem was put up by the opposite party, the same would have been the reply.

Here, on this forum, we express our opinions base on the information supplied, some time we have to ask our selves about the correctness of the information.

However. thanks for the expression, with the best wishes for the better solution for both the parties, praying God....

 

 

 

 

 

Atul (Software Tester)     08 July 2011

Dear Bhagavat,Thank you so much for those comforting words, and thank you all for support. My friend got bail almost immediately the case went to session court. There are so many irregularities in the whole case that my lawyer and everyone being involved are convinced that my friend is innocent.

I hope and pray my friend gets out of this odd deal. Yes I agree this matter should be taken without egos on either party. Anyhow this has become legal. I am just putting forth my trust in legal system of india and hoping that a amicable and just result shall come out of this.

 

Shall keep all of you posted on any updates.

 

Thank you guyz once again,

And sorry Mr. Bhagvat for your contribution,really appreciate that you took time to reply to my query.

Atul (Software Tester)     10 July 2011

Hello,

Need help in the same matter. My friend is out of Jail, but he said he was beaten up in judicial custody. He has bruices to his leg. Kindly suggest what should we do. He has not informed anyone yet as they may panic but please advice how should we avoid this police torture and how should we ensure that he does not go back to jail till the court decides his fate?

 

Thank you! Thanks a Ton!

Ravi Trivedi (Law Student)     10 July 2011

Hi Atul,

 

1) Under article 32 of Indian constitution, you should apporach High court which in turn can issue appropriate writs to the concerened authority against whom you have laid charges of tortures

2) Under section 54 of CrPc, accused has all the rights to demand medical examination by a medical practitioner in the wake of accusations of custodial tortures or other mistreatment by police authority

3)  Under section 7 & 29 of police act, guilty police officer can seriouly be penalised for the neglect of duty & other simmilar reasons

4)  Under section 2 of UN human rights act, police officer can't act inhumanly against accused or convict in the custody.

5) I don't think your friend should be worried now as he is out on bail at the moment.  Police just can't arrest untill your friend is chargesheeted and warranted by the judge unless your friend commits a new cognizable offence. But still if you apprend that your friend may be arrested, your friend can file for an anticipatory bail (state of UP is exception)

 

Regards,

Ravi Trivedi

1 Like

Atul (Software Tester)     10 July 2011

Thank you very much Ravi, greatly appreciate your time and help!

sumant singh (advocate)     10 July 2011

hi atul

your freind can file a case against the police personnel who beated him in the judicial cystody. consult a good lawyer.

1 Like

Atul (Software Tester)     10 July 2011

Thank You!

Adv. Vaishali Karloopia (lawyer)     10 July 2011

@ Atul

When the matter was sort out, girl kept quiet then why boy called her again & again. The boy deserves this and should be punished severly so as to deter others.


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