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 4 years ago in Civil Law
After how long I can apply for bail and what time will it take. Life of innocent child has been spoiled by misuse of rules.
How long it will take to dispose off case.
Asked 4 years ago
Can anyone help me in true and honest way to solve my problem regarding my nephew elaborated above.
The lawyer we hired is delaying filing of bail (7 months elapsed with one parole) with excuse that Judge as per roaster doesn't grant bail even before one year in such cases. If bail is rejected once, we can't apply for bail and further it will be difficult to get bail. I am not sure where to approach for such impugned judgement which is spoiling future of innocent boys.
Can any one honestly guide me so that we are able to save our nephew and take right decision.
1. Is it right time to apply for bail
2. Is there any thumb rules judges have framed for granting bail in such cases.
3. After how long we can file our bail again if once rejected.
4. Any impact on subsequent bail application.
Asked 4 years ago