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Misuse of section 376/2(f) and false case filed
11-Nov-2023 (In Criminal Law)
My brother has been victimized after lodging a false FIR by our cousin for a family dispute. The complainant complaint that the accused raped his 10yr old girl, which is actually a fake story. The girl herself stated formerly that she got injury after falling near bathroom on a drain, which is the actual fact. And also supported by the Doctors' report. But her parents coached her to tell about rape and unfortunately after a long time the girl began to describe the fake rape story as per parental coach. There are various contradictions among the statements recorded under 161, 164 and in her chief. But atlast the innocent boy has become a convict in the charge of 376/2(f) with a false story of rape. How can he get free from the charge? Please help.
Sir, perused your query in details. Please note that if you can establish the facts to be false and concocted, you can get the case quashed from the competent High Court. Please contact us for more details.
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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MY OPINION THAT your brother has escape from the false allegations & false & fabricated report /reports which are produced by other side, you have solid points against these false allegations & report at the competent forum as well as you can challenge the status of the case/cases, very first you have recover from present position of the case, contact with me without any delay.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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your brother must be getting prosecuted under POSCO act apart from 376 as you told that the victim was 10 years old. Please understand it is a strict law. You have to chech the medical report of the survivor first and if any 164 statement has been recorded or not . If you can adduce sufficient evidence we can try it out .
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Adv. Sachetan Ghosh
Kolkata | 25+ Answers
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