Acts to establish offence under section 376, 315 IPC
A Women alleged False F.I.R on me , that on the assurance of marriage i have sexually abused her for last two years , as a result she get pregnant and after pregnancy i pressured her to get the child aborted . after eight months of her pregancy i one day visited to her house and assaulted her badly on the abdomen , then after she fainted and taken to the hospital where the doctors by the operation taken out the dead child ,on the basis of this statement police lodged FIR Under section 315, 376 IPC on me . Subsequently police arrested me and put in the jail.
after getting the copy of Charge Sheet i found that Police Mentioned that there was No telephonic communication between us as stated by the prosecutrix in the FIR , Also the MLC of the women shows that she is habitual to sexual intercourse . The BED HEAD TICKET of the hospital clearly shows that due to leakage she has gone through Prolonged PROM , PRE TERM with her & her family consent. Also the sonography clears that FOETUS IS Good , Alive & healthy on the date she told to be assaulted. Not only this as per medical card she has born healthy & crying child with AP 10 OUT OF 10. SEVERAL DOCUMENTS GIVEN BY HER DURING THE INVESTIGATION IS FALSE & FABRICATED.such as caste certificate to imposes SC/ST Act.
Sir please advise that on the basis of the above stated conditions , whether the said offences of the IPC 315,376 STANDS ON ME .i work as a RTI ACTIVIST . With the Help of Police several FIR HAS BEEN REGISTERED AGAINST me out of which some of them is disposed after Investigation. I have continuously made the COMPLAINT TO VARIOUS POLICE AUTHORITY previously THAT i will be trapped in False cases related to the disclosure of corruption through RTI Act.
Asked 3 years ago in Criminal Law from Bishrampur ,Surajpur, Chhattisgarh
simply saying that the person is asking ransom of Rs. 70,000.00 per month publicly other wise kidnapped his child constitute the offence under section 387 IPC . Police made this counter case after i have registered the case under section 294,323,506 AGAINST THE Same person .
Asked 3 years ago
1. You shall have to contest the case fittingly,
2. The fact that sevaral cases have been engineered to be registered against you, being a RTI Activist, most of which have been fould to be false after investigation, will be benificial for you,
3. It will be of great help if you can connect any of the complainants with any of those people about/against whom you collected sensitive information through RTI route,
4. Since, police has made counter case against the said complainant, it is expected that she will be tried and this aspect must be brought to the notice of the Court trying the case against you.
1. This is going to be a difficult for one for you.
2. Habituation to sexual intercourse does not prove your innocence.
3. Did you lodge a complaint against this woman on the basis of information you collected by taking recourse to RTI? If this woman is not linked to the subject of RTI information which you requested and/or received then your victimization as a RTI activist is not a fact which you will be able to use in the court. The court will judge your innocence or guilt in the prosecution which will ensue out of the FIR filed by this woman without being influenced by the other cases filed against you.
4. That she has produced false documents during the investigation is a fact you should avail benefit of during the prosecution.
If the details of the medical documents are proven there is a strong chance you can get out of it as acquitted
1 do get a good legal help to make sure you are defended well. Most of the mentioned documents do not make out a proof against you
2. Produce witness as well as documentary evidence to prove that your complaints against the interested parties are the motive behind the false FIR.
3. Depending on the relationship if you ever had with the lady can be defended as a consensual sex.
4. Have you made any complaint against the lady if not the link between the lady and your detractors has to be proven.
5. Your defense has to prove the charges as false on the basis of the available medical documents and the reason of the FIR has to be proved as your RTI activity and the damage and threat to the concerned parties behind the present FIR.
1) The fact that you are an RTI activist and therefore you are being wrongly implicated can not be in itself a strong defence to rely on and you must contest the charges supported by all evidence.
2) You can certainly take advantage of the medical reports and the false documents produced etc that a false case was made out against you.
3) It I'd also important for you to produce witnesses to support your stand. It is immaterial that the procecutrix was habituated to sexual intercourse.
4) You need to contest the case in merits to be acquitted
The fact you are an RTI activist is not a good defence . However the medical reports and piece of documentary evidence as mentioned in your query is a good piece of evidence, which can give a favorable acquittal order in your favour. Further , we also suggest you to produce certain witnesses who can give statement in your favour.
Advocate, New Delhi