in Criminal Law
Asked October 15, 2017

False rape case

  • 2 Answers

My Brother and two others are convicted in a false rape case for 20 years by the trial court. Now we have option to approach high court. Here is little detail about the case file: 1. FIR: - In the FIR victim says that accused no.1 offer her ice cream. After consuming the ice cream she gets unconscious. Accused no.1 take her in the shop on his motorcycle which is 6 km away from the victim’s resident location where accused no 2 & 3 were already standing outside the shop. Accused no1. Then take her inside the shop and closed the shutter and rape her. Even she doesn’t know the name accused no.3. 2. According to 164: Accused no.1 calls his two friends. And accused no. 1 and accused no.3 take her inside the shop. And rape her one by one, beat her and threaten her. Now she know the name of accused no.3 (Because now she knows that accused no 1 and 3 are in blood relation and meanwhile her uncle wander around our residential area for demanding money) 3. According to MLR: MLR conducted after the 72 hours of the incident. In her MLR report it is mentioned that sexual intercourse were taken place, But MLR also says that all the injuries were superficial and simple in nature. The redness mark and injuries was caused within 12 hours. 4. Previous Record of girl: In 2007 she put allegation of IPC 452, 354, 34 over his uncle and his family just to win property case. In 2008 a criminal complaint of 323, 427,352,506,148,149 was registered against the victim of our case. Where she is convicted under 323, 426, 34. Recent record of girl: 2016: File a false rape case 376 on group of person. After few months of filing she withdraws her case from trial court. 2017: Again she files a complaint in Police station. Her allegation on men is that, he is raping her from the last 8 months by making her fake marriage promise. This matter was hush up in police station. But we have written report of this matter also. We attached attested copies of all her case with our file. But only on the basis of girl statement and swab report, session judge convicted them for 20 years (376D gang rape imprisonment). He even not mentioned our valid points in the judgment. Like MLR Report and etc. I need expert advice so that we can rid from this critical situation.

Answers 2

Dear Client, it is evident from the facts that the rape was committed on the girl but it is advisable to have a detailed discussion of the case. A correct legal opinion may be given only after going through the judgment passed by the Ld. District Court and the legal issued involved in the case. Feel free to contact on nine five eight two six eight one two nine one. Thanks & Regards.

Agree Comment 0 Agrees about 4 years ago

Since the above mentioned case is a sub-judice matter, it might amount to contempt of court to reach a conclusion that the conviction of your brother and his friend was based on a false case. The facts of the case have to be presented in the court itself, and the accusations have to be rebutted accordingly. It is advisable that you file and appeal to the High Court as per the provisions of the Code of Criminal Procedure, 1973 (CrPC).

Agree Comment 0 Agrees about 4 years ago

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