• Punishment in false 376 D case

My nephew has been falsely entrapped under IPC 376d and now he has been been given imprisonment for 20 years by session court on basis of victim statement. 

Brief of case:- A girl in neighborhood of my nephew, ran away with her two of friend for marriage. During that period she have sex with her friends . For requirement of money, she called my nephew for money and informed him of her marriage. My nephew informed the same to her parents who complained to police. Police tracked the girl on the basis of her call location.  After 2-3 days, girl lodged FIR with women cell for registry of case under 376D in the name of my nephew and her boyfriends with whom she ran. Before filling case, she asked my nephew to marry her but we refuse. 
 

>>Before punishment, he remained on bail as the charge-sheet filed by police has not accused him. Even all the evidences and enquiry reports has declared him not guilty.
But still lower court has given him imprisonment based on girls false confession. 
Now can we get bail and how to close the case. Girl and his family wants only money which we were not giving as our nephew was not involved in the case. 

Sir we are disturbed and frustrated by the rules which are spoiling future of a young boy.
Asked 10 months ago in Civil Law from Phagwara, Punjab

Hi,

This is very serious section where the girl is gang raped and other accused would have the same or similar punishment which must be based on the evidences and forensic reports to prove the accused guilty.

If all the police investigation proved him not guilty but the magistrate thinks he have sufficient reason to believe that the crime is committed, he may award the punishment.

On the basis of lower court decision you have to go to HC and find some fresh evidences to present the case and plead guilty like phone records, location etc to prove that he was not there or in forensic reports etc.

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

You need to approach the Appellate Court which will be Chandigarh High Court in your case challenging this order. The story line which you are stating and the fact that your nephew's name is not mentioned in the chargesheet is enough to get you out of this case. There are numerous judgment of the Supreme Court which will come in your way to rescue you out of this situation.

Further Supreme Court has also stated in its judgment that no compromise can happen in the case of Section 375-376 which punishes Rape. So in all possible situation do not fall for it as that will make your case worse and your chances of getting out of the case nil.

Waste no time in approaching the High Court. Approach an advocate with all the relevant documents and file related to your nephew's case.

Pulkit Prakash
Advocate, Delhi
124 Answers
1 Consultation

5.0 on 5.0

Hi

First and foremost you should ask for suspension of sentence by filing a petition u/s389 Cr.P.C and at the same time file a criminal appeal u/s374 Cr.p.c in Punjab and Haryana High court within 30 days from the date of conviction.

Greater care should be taken to select a lawyer to defend the case in Punjab high court, as the offence involved is under 376 IPC and generally High courts will dig deep in to merits of case before ordering suspension of sentence and release on bail during pending appeal and hence the lawyer should be able to convince the Division bench of High court on why the sentence should be suspended and the convicted person is to be released on bail.

Rajgopalan Sripathi
Advocate, Hyderabad
1528 Answers
204 Consultations

5.0 on 5.0

1) it is necessary to peruse order passed by trial court and evidence on record to advice

2) your nephew should file appeal against order of conviction

3) pending hearing and final disposal of appeal seek bail from HC

Ajay Sethi
Advocate, Mumbai
54250 Answers
3257 Consultations

5.0 on 5.0

1. How has the said punishment has been awarded to you Nephew just based on the complaint made by the victim of the gang rape/

2. Has medical examination of the semen found in her body confirm it to be that of your Nephew?

3. You should immediately challenge the said order passed by the lower court before the high court and also file an application for availing bail for him.

4. Engage an experienced lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

Challenge this conviction in a criminal appeal before the High Court.

Contest the case on Legal points.

Contact an able Senior Criminal Lawyer in your city.

Seek enlargement on bail.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

Hello

File an appeal against the said order that has been passed illegally.

In the interim relief of the said appeal request the court to grant bail.

Contact a local lawyer.

Produce such judgments which says that merely on statement of the victim the conviction can not be made.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

Dear Client,

This order may be bad appreciation of facts and law. Till she was on run, where was your nephew ? Plea of alibi should have better defense, if u can prove his presence not with girl.

Appeal to Higher Court, On merits bail may be granted.

Show documents, to advise precisely.

Yogendra Singh Rajawat
Advocate, Jaipur
6469 Answers
5 Consultations

4.7 on 5.0

He has no option than to prefer an appeal agaisnt the aggrieved judgment of the trial court.

He can elucidate all those facts and the errors in the judgment in the grounds of appeal.

He can be on bail till the appeal is decided

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

You need to file appeal in HC and get bail from there. If you have primafacie good evidence you will get bail in HC.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

There is no time limit for preferring a bail application, the same can be preferred by you any time

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

Appeal would take years to be disposed of depending upon pendency of cases in HC

You can be released on bail pending hearing and final disposal of appeal

Ajay Sethi
Advocate, Mumbai
54250 Answers
3257 Consultations

5.0 on 5.0

You can apply immediately but you need to make out a primafacie for grant of bail. It will be disposed immediately.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

1. You should challenge the order passed by the lower Court immediately and at the same time apply for bail.

2. The time to be taken to dispose of the case will depend on the load on the Court and also how your Advocate pursues your case.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

You can apply for bail immediately after the expiration of suspense of sentence allowed by the court during the filing of appeal before it.

It may be disposed within three days after applying for it.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

1. Yes you can apply for bail, take advise from some other advocate. See which advocate has a good reputation before the court.

2. As and when bail is rejected you may move a fresh application whenever there are change in circumstances.

3. You will have to file an appeal against the order of conviction and in interim ask for bail.

Regards

1. Yes you can apply for bail, take advise from some other advocate. See which advocate has a good reputation before the court.

2. As and when bail is rejected you may move a fresh application whenever there are change in circumstances.

3. You will have to file an appeal against the order of conviction and in interim ask for bail.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1. Your nephew has already been convicted for 20 years of imprisonment by the sessions court.

2. You shall have to challenge the said order before the High Court and there itself you shall have to file an application for his bail which is expected to be granted.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

1. He has to apply for bail also while filing the memorandum of appeal.

2. No such provisions in law.

3. You can file bail application in high court after the same is dismissed in the sessions court.

4. It has to be argued properly

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

You should apply for bail

2) . Section 389 of the Code provides for bail pending appeal by a convicted person

3) Sub-section (1) of Section 389 no doubt authorises the appellate Court to suspend execution of the sentence or order appealed against for reasons to be recorded by it in writing and also to release the convict on bail. But such an order of suspension of execution of the sentence can be done only by recording the reasons therefor in writing. The intention of the Legislature is clear that an order of suspension of sentence should only be passed when very special cause is shown. This power of suspension regarding execution of sentence is in addition to the power of ordering release of the convict on bail

Ajay Sethi
Advocate, Mumbai
54250 Answers
3257 Consultations

5.0 on 5.0

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