My family had a quirell with my neighbor and to take revenge my neighbor after 40 days of incident she lodged a case against my whole family i.e. my father, mother and siblings Ipc 354,506, 294, 323, 34 and posco section 7/8. Therefore I was in jail for 5 days but after few days by the grace of almighty ALLAH i got bail. Now on submitting charge sheet by police it is mentioned that the girl is 17 years 11 month and 25 days old means she is minor hence a more charge has been added against me POSCO SECTION 7/8. Now police says that you have to again apply for bail as a more charge has been added. I have no previous criminal record and infect i was in the office at that time which is mentioned in FIR. I also have text message sent by her in which she asked some money otherwise she will again create problem for my family. 1. I got bail (for Ipc 354,506, 294, 323, 34) before submitting charge sheet and i am still on bail but as charge sheet contain one more charge i.e. POSCO SECTION 3/8. Do i need to apply for bail? 2. How difficult it would for me to get bail, i have no previous criminal record. 3. Suggest me what to do to get bail and it would be possible to me to get bail or not as one more charge POSCO SECTION 3/8. 4. What are the point which i put in front of court to get bail as i already on bail. 5. Please guide me to come out this situation easily, I am also a Master's student.
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1. Nothing to worry , since you are already on bail even on addition of charge you would get bail on applying afresh for the additional charge.
2. You would get easily.
3. You would get bail, no need to worry. The curt readily grants bail for a person who is on bail but charged with additional section in charge sheet.
4. Raise all the points which you took earlier.
5. Follow the replies mentioned above. Consult a good lawyer.
1. For a fresh charge fresh bail has to be sought. Getting bail, more so when the victim is a minor and the accused is accused of outraging her modesty, is never easy unless there is some merit in the case. You may have to eventually move the HC for bail. It is immaterial that you have no criminal past.
2. Apply for bail immediately and produce any evidence which can prove your innocence.
1. I got bail (for Ipc 354,506, 294, 323, 34) before submitting charge sheet and i am still on bail but as charge sheet contain one more charge i.e. POSCO SECTION 3/8. Do i need to apply for bail?
Yes, you may have to get enlarged on bail for the new offences added now.
2. How difficult it would for me to get bail, i have no previous criminal record.
Since you are already on bail for the other offences, it would be easy for you to get regular bail for this offence to by just surrendering before the court and get enlarged o bail the same day.
3. Suggest me what to do to get bail and it would be possible to me to get bail or not as one more charge POSCO SECTION 3/8.
the answer given above is for this question too.
4. What are the point which i put in front of court to get bail as i already on bail.
Should plead innocence of the offence
1)you would need to apply for bail again
2) you would easily get bail as you have no previous criminal records
3) you should rely on the fact that the time of incident you were in office as mentioned in FIR
4) the delay in lodging FIR should be highlighted by you
Thanks all of your for your valuable suggestion. By the grace of Almighty Allah We have got bail, and in the charge sheet police has made two witnesses other than family member. The girl has also said in the "FIR" that these two (above mentioned) person have seen the incident, but these two witnesses said in the Honorable Court that they were present at the mentioned time in "FIR" but have not seen anything and does not know anything about the incident. The girl were not present in the court in any 4 hearing so far so the Honorable court has issued a warrant against her to present in the coming hearing. Please answer the following queries: (1) Now please suggest that if girl goes against me in the court then it is possible to prove me guilty without having any witnesses and proof other then their family member. (2) Is girl statement alone sufficient to prove me guilty? (3) I have a recorded video evidence in which girl is saying that she lodged false case against my family due to her family pressure. Can i use this evidence in the court to prove myself innocent. (4) Apart from Recorded video we also have text message sent by her asking some money otherwise she will go against me in the court. Can i use this evidence in the court to prove myself innocent.
1. She has to be properly cross examined with sets of strong questions into the false allegations and nullify her testimony or evidence an bring to light the contradictions which will help you to tide over her the crisis.
2. No, it will not be sufficient, she has to be cross examined and the arguments to be made before court to prove your innocence to the satisfaction of court after which you may be acquitted.
3. You can put it before her during cross examination and ask her if it was her own voice, once she admits the same then the evidence shall be used in your favor.
4. It depends.
1) girl statement would not be sufficient to prove you guilty
2) there must be some corroborative evidence
3) video recordings are admissible in evidence
4) text messages would help you in proving that false case filed against you to extort money from you
In the latest hearing her father made statement in the Court that my family member has threatened her daughter, abused her. but the Government layer and Honable judge asked him that your earlier statement given to the police is not matching as per your current statement. Then the government layer read his earlier statement (In logo ne mere ghar me ghus ke meri larki ko mara uske kapre faar diye or agle din bhi subha saat baje maine unki larki ko jabardasti ghar se utha ke le jane k kosis ki tatha meri larki piche se aake pakra) in the court in front of her father and he admits that yes it is true.... 1. Pl tell which statement will court consider for further process weather given in the front of court or whatever Gov. Layer read in the front of her father? 2. her daughter made statement in her 164 statement that her father saved him on the second day morning at 7:00 IST but her father in his latest hearing that he was on the duty on the second day at 7:00 IST. Can court will consider that Girl is lying in 164 statement as her father told that he was on the duty but girl said in 164 he saved her.......Can we get benefit of this point? 3. Her father also admits when My layer has asked that he is illiterate and had no knowledge about her daughter age when she got admission first time in the school in the first class......Can we get benefit of this in girl age is only 5 days less (As per he 10th Mark sheet) to complete 18 yrs when the incident took place? 4. As her father given his false statement therefore I am considering that her daughter will give her statement in next hearing against my family....But I have same proof like (a) Her text message from the same number which she gave at the time of FIR in which she asked for money against this case. (b) Her Letter to my younger brother.. (c) Her father pics in which he is sitting in my house on incident that however he made his statement that he was on the duty. (d) My salary Slip of that month in which it is mentioned that i have not taken any leave as there is ZERO EL, ZERO CL. (e)Both the two witness other that her family member told that they don't know about the incident.
1) statement made by girl under section 164 crpc is false as father has admitted he was on duty on that day and did not save his daughter as alleged
2) it appears that ssc certificate does not reflect girl correct age
3) your lawyer can cross examine your wife on statement made by wife
4) if there is contradiction made in father statement made before police and in court it would affect credibility of the witness
Now in the court her School principal admitted that girl age was under 18 at the time of incident took place as per 10th Mark-sheet. But he also admitted during cross examination that girl took admission on the behalf of her 3rd class mark-sheet, Means Principal wrote her birthday in his scholar register what was written in her 2nd class mark-sheet and therefore same is produced in 10th class mark-sheet. He also admitted that he did nit check the other evidence for the age proof during admission in his school as her family not produced anything else except 2nd Class Mark-sheet. Her father also admitted that He does not know what was the age of her daughter during 3rd Class admission. Considering above facts, My question is: (1) Is still 10th class Mark-sheet is considerable in court for age proof or not as Principal said that her family did not produced Birth certificate or hospital proof etc. except 2nd class Mark-sheet. Girl age was only 5 days less to 18 yr as per 10th class Mark-sheet. (2) How can I convinced Court to not consider her mark-sheet as at the time of admission there was no solid evidence of age proof. (3) Now she approached to me and wanted to compromise with me, I am surprised, now why she want to compromise....One thing is 100% sure.. case was completely fabricated....Because of this??? (4) She also want an agreement letter from me before doing compromise. Should I do this?
1. It is not that the court will consider the different statements, it is you who have to highlight the contradictions of the witness in different statements to prove that the witness is lying before court.
2. You certainly have to bank upon the said contradictions to prove your defence or to nullify her false case before court.
3. This will depend on the prevailing situation.
4. You can ask the question relating to the information you have given here during the time cross examination of the witness.
The age in the 10th mark sheet is admittedly done on the basis of 2nd class marks sheet, hence there is no dispute on it.
You dont have to convince the court about this difference but you may make it a point to highlight in the arguments you would be making it finally in the case.
It is up to you to compromise or to conduct case further.
You may consult your advocate on this and also your own people before entering into any hasty decision.
1) X std class marksheet is not conclusive proof of her age
2) rely upon contradictions in testimony of principal and other witnesses
3) she may be afraid truth would come out hence wants to compromise
4) don’t give any such letter