Hello Sir Before 10 Month i had one gf and we are in relationship but i refused to marry with her because i can not marry with her. I was getting married in next month but she file a rape case on me and she was minor she give the 10 class marksheet to police station. She give 164 Bayan against me. We have recording on call her father ask us to 20 Lacs rs and advocate tell us on call record she can prove major when offence was done. Now what is best idea to resolve this matter? can we prove that she is not minor by call recording ? can we prove that her father was asking for money on behalf of case by recording ? 1. Marry with her? 2. Settlement ? 3. Fight the case?
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1) by means of bone test and dental samples age of minor can be determined
2) you can rely upon call recordings to prove that girl is major and that her father was demanding money from you
3) amicable settlement is best option
4) you can marry the girl if you had phsycial relationship with her under promise of marriage
1. yes, do produce the audio recording to counter her case.
2. Ask for ossification test from the court to scientifically determine her age.
3. if her age is above 15 years then POSCO does not apply.
You cannot settle the case filed under POCSO act. Its non compoundable.
Her father's demand is huge. What does medical examination report of victim say?
She blaim of abortion but when police send her for police check ups after fir that time she had monthly problem of 3 day. Second time police send her for check up that time girl refuse to check up. Now she have some date changes in fir and 164 bayan also. According to girl she was pregnant but when police checkups she was not pregnant and nor raped report because she can to police after more than 4 months. Now what to do? Our advocate told us your brother will be release from case. She forcing us for wedding so please suggest me a best solutions.
1) don't bow down to blackmail tactics
2) refuse to marry the girl
3) if girl was pregnant and had an abortion it should be reflected in her medical records
4) further medical examIntion would reveal if sh was raped or not
5) your brother chances of acquittal are bright
First you can obtain anticipatory bail and then plan to quash the FIR on the grounds that you rely upon.
Alternately you may challenge the case in the trial proceedings itself.
The call recordings shall not be permissible as primary evidence before court, however the police may proceed with the investigation based on the call records.
If you interested to marry her then you can very well express your willingness for the same but can ask for assurance from her side that she will not indulge in any avenging acts so that it can be safe to protect your interests.