Asked September 24, 2016

False sexual harassment case

  • 1 Answer

Respected sir / madam I am Rajashekar from Karnataka and one of the IAS aspirants. This incidence has happened in (June 2015) when I was staying in Delhi for coaching. She (complainant and IAS aspirant) is also from Karnataka. Unfortunately, I met her in a private library where I used to go for study regularly. Within 2-3 days she came very close to me for friendship. In my knowledge she was trying me to attract sexually (with her behaviour and body language) and sometimes I was also getting influenced towards her, but I never lost control. In the beginning I just avoided her, but sometimes I couldn't. Few days later with casual talking I came to know that she was in love with me but I told her that I am not interested. Then, she misinterpreted me and her thinking went on in a negative direction. She thought that I'm interested in sex but not in love, but I never imagined like that. At the same time misunderstanding happened and we criticised each other also. One day this arguing ( about misunderstanding) went on seriously over the phone in the night around 11 pm. She was trying to highlight my negatives, criticised me and scolded me with very rude words. When I lost patience I did same thing and unknowingly I used the word prostitute. In return she scolded me a lot and said, I have all call records, so I ‘ll teach you a lesson. She wanted me to bow before her with folded hands, so she took advantage of irrelevant call records and finally filed a FIR against me by mentioning sexual harassment, molestation and scolding. Later, on my friend's suggestions I apologized to her and requested to close the case, she accepted and I got bail too on the same day. But the problem is not got solved here, when we went to the court for the summons and to close the case by mutual understanding, unfortunately on that day district court judge was on leave. Then, we were asked to attend next summons but this time her mind set was changed completely and she demanded Rs 2 lakh to close this case. We conveyed her a lot but she told if you don't give the money I ‘ll go against you, so your IAS dream will be vanished during this court proceedings. I think she is very experienced one in this kind of cases and she also know that I don't fight against her on the merit because of reasons like money, time and place of the court is not convenient for me. When I failed to fulfill her demand, she gave the statement against me in the final summons. Now I will have to attend the court again on this 4th October and if this case does not get solved, case will be transferred to High court ( My advocate told me ). I am struggling to manage monthly expenditure for studying in karnataka, then how can I arrange Rs 2 lakh. Neither I am unable to arrange the money nor defend against her in the high court due to inconvenience, although I attended court trials 11 times already in last 15 months by traveling from karnataka to delhi. I am facing extreme mental and financial torture to do all these things. I have no one personally to talk about this issue and take a help. I have invested 3 years in this civil's exam already and after this FIR whole one and half year gone waste on frustration, anxiety, depression, attending court trials and still it is not getting solved. For every court trial I have to spend Rs 4 - 5 thousand and a week's time. Except a friend and my advocate no body knows about this matter, even I unable share this thing with my family members also due to some complexities. I am being isolated completely from my friends and relations, getting tortured every minute by this problem, even I don't get sleep in the night also. Since I crossed age 30, I have no enough for other job security. Many times I thought to quit the life or take some extreme decisions, because of sufferings and loneliness. I'm spending most of the time on thinking about this case, neither I am studying nor doing anything. I tried to write a skeleton of the incident, so kindly suggest me what should I do, because I don't know any law expert personally to talk about this case. Forgive me for not mentioning the name. 1. Should I try to negotiate to fulfil her demand, because time is very crucial for me now. 2. If I defend in the high court, How long will I take the time to prove that I am not guilty and what will be the financial burden on me during the process. 3. Is it possible to request the court to transfer the case to Karnataka and what is the procedure 4. I have phone records of her blackmail, is it helpful? 5. Can I able to apply for other exams, like banking, etc because I 'm crossing age 30. 6. What’ll be the punishment for her if I prove that I am not guilty and what justice can I get from the court. 8. I also haerd that; lawyers unnecessarily extend the case for their benefits, is it so? Can I believe the lawyer and the court? 9. Any better alternatives? Because I am a student, my whole life is depending upon this CSE. 10. Can I miss the trials / postpone for inconvenience, like exam and etc. Thank you for your time and patience

Answer 1

An advocate providing you a legal advice needs to look into the documents in your case thoroughly and in detail. Even the small things in a matter like this counts, which means one needs to go through the contents of the chargesheet and the evidences in support.

Also the statement that the girl has given, was it recorded before the magistrate under section 164 of the Code of Criminal Procedure or not? Facts like such, are not very much clear.

Answer to your queries taken pointwise, (as per the numbering on your questions):

  • Because once, the statement is being recorded in such matters then it gets difficult to retract from it and take the matter back from the court for the purpose of compromise. The only remedy in that case, one is left with, is going before the Hon’ble High court of that state and get it quashed under section 482 of the Code of Criminal Procedure, 1973. Therefore, even if you consider the option of giving her the money that she is extorting from you, won’t solve the purpose if above is the problem.
  • As far as the time frame and money part is considered, one can’t comment in criminal cases like such. But according to the facts provided by you, I guess a bare minimum of 1 year to start with. Also, money is a factor that depends entirely on the advocate you hire.
  • Your question on getting your case transferred is also difficult, since it’s about two different states, you have to approach the Hon’ble Supreme court under Section 406 in The Code of Criminal Procedure, 1973. Because on a ground like yours, of having to appear again and again from Karnataka all the way to Delhi and your exams on the way, is not sufficient enough.
  • However, you can either make a police complaint orfile a case before the district court in Karnataka (as a counter), against that girl for “blackmailing and extortion of money”under Section 383 in The Indian Penal Codein view of the call recordings that you say you have, as an evidence to prove the averments.
  • You can apply for exams, but you need to provide with all the details of your case lispendens or any other criminal record so to say.
  • Again, giving her a punishment would be as per the answer to question no. and point no. 4.
  • Cannot comment of the integrity and the way of practice of any advocate.
  • Once the case is registered and the statements are recorded, it gets difficult to compromise or shift to any other alternative remedy apart from the ones already mentioned above. The only option that one is left with(being the accused), is to contest the case with everything you can get.
  • Yes, indeed – you or your lawyer may request the court to fix such dates that may be convenient to the court as well as to you.
  • Agree Comment 0 Agrees about 5 years ago

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