• Section 354 false case

Hi,
I had a relationship with a girl 3-4years back where in we were as a gf bf but due to bussy schedule I was not able to give her time and couldn't meet her more than a week.
Only few text messages and calls used to get exchanged .

We didn't went for a movie ,coffee shop anywer .
In short I had never took her any where with me .

So here comes my isse :

On January 15th 2016 @ 6.18pm I got a call from girl asking my name where in I disconnected the call saying wrong number .
The same girl called me 3 times and I told her wrong nos.

Then she called me again and said she is in order blem and she is Supriya(my so called gf 3-4 years back)
She was asking me what kind of relation we had and was asking me to accept that we had a sexual relationship .
Where in I denied and told her I am bussy if there is anything urgent please let me know .she said me to call back or she will come with family and policy to my home .
After 10mins I saw 7missed calls from her number and I called back to ask what happened then she was again onto the path saying that we had a relation etc etc meet me I dont want you to be in problem , you are a nice guy .
I told her I am not interested in meeting and we have a good friendship .
The other guy with her claiming that he is police asked me questions and asked me to meet me outside .
I denied meeting outside saying that if you are a police we will meet in police station .
He said me you will get a call in 2 days.
On 16th January 2016 around 1pm I visited the police station where in I had registered an NC against the girl and the unknown guy.
Police called them up and asked them not to call me again and took their signatures .

Police called me and said that the girl was raped in the month of august 2015 where in court has sent 7people in jail for the same and she is trying to either get money from you or she will try to bind u in some case .

I was norma and happy l as I knew I didn't did anything and went home happily .

On 25th of January 2016 I got a call from police to come in the police station to give statement fora case registered against me.

I went to the police station the police people where the same wtih whom I had a dispute few months back in other case related to my younger bro.

They didn't uttered a single word and didn't asked me anything they did the chehrapatti, took my sign on it and took me for medical and did the formalities and took me at the police station and had put me behind bars for 16 hours after which I got a bail from court .

The girl had registered a case with section 354, 504 & 506 saying that I had met her on 25th January 2016 around 2.30pm and I have threatened her to take the case back of rape that she had lodged in the month of august 2015 against the accused whom I have never met till date .adding to it she said I told her to take the case back or we will do a gangrape again on you.

On 15th January I was at home which can be traced out by Vodafone company if needed also I have never met her or called her in the past 3 years .
In fact she called me at 6.18pm on 15th January 2016.
I have recorded a call as well where in she is talking to me very nicely and asking me to accept that we had sexual relationship .
Also in the same call recording the other guy is asking me to meet outside to settle the issue.

The girl has asked the rape accused to give 10lakhs rupees to settle down the case and now in think she is taking revenge of the NC that I had made against her and is seeking for some money from me as well.

Please help and suggest what can I do .
I am preparing  from last 1 year and my career is on stake because of this case .

:'(
Asked 8 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) you should contest the case filed by girl on merits

2) dont bow down to black mail tactics

3) prosecution will have to prove that you have used criminal force to the complainant , intending to outrage or knowing it to be likely that you will thereby outrage her modesty,

4) no case of criminal intimidation is made out

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Since the crime lodged against you is false and you have the evidence to prove the falsity of it you can move the High Court for the quashing of the FIR against you. If the FIR is quashed then you can file a criminal complaint for defamation in addition to a lawsuit to claim compensation from her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

There is nothing to worry on this.

You have strong documentary proofs to prove your case and innocence.

She do not have any case to prove in trial so wait for the trial to commence and there you can prove your case,especially the NC already registered.

She is a corrupt woman and indulging in such anti social and illegal acts of extortion, you may collect more information about her and utilize the same during trial proceedings against her.

Engage a skilled lawyer and be free.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

This question is for learned advocate Mr. Ajay Sethi, it is left to him to decide about it.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Wait for filing of charge sheet

Yiu can have my contact details from the website

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

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