False dowry case filed against father what can be done

688 votes

Hi, let me tell you that after fir filed against your father the police officer will not arrest him without conducing a thorough enquiry and in the course of enquiry the case can be closed as far as your will is concerned the second wife cannot do anything and regarding rape case if your cousin is not attested then tell him to get anticipatory bail first .

Advocate Syed Shabahat Hussain Kazmi LawRato

804 votes

MY OPINION THAT if the real evidences against that lady are proved that all have no real locus standy , no legal validity, then you can move before competent forum to prove are false cases which are actually established before all of you.contact with me.

Advocate Ranabir Banerjee LawRato

578 votes

Dear Sir, perused your query in details. If you have sufficient proof that your stepmother has filed a false case against your father, you can get the same quashed before the High Court. Please contact

Advocate Abhishek Dutt LawRato

726 votes

If the cases has been disposed off by the investigation officer then you can try quashing the case in high court or defend it in trial in the trial court. Medical evidence is crucial.The 2013 amendment in rape laws has also come into effect which has broadened the scope of rape laws in India. Medical examination of the rape victim is conducted under Section 164 A of the Criminal Procedure Code. Supreme Court of India has also given out guidelines which ban the two finger test on rape victims. These guidelines were given out in the case of Dilip v/s State of Madhya Pradesh (Criminal Appeal no. 1156 of 2010). The above mentioned guidelines were announced by the Union Health Ministry. The Department of Health Research (DHR) and Indian Council of Medical Research with the help of experts formulated these national guidelines (“The Forensic Medical Care for Victims of Sexual Assault – DHR guidelines”) to deal with criminal assault cases. It has given all the measures necessary to examine a rape victim, irrespective of her being a virgin or otherwise (sexually active or married). These guidelines are based on forensic examinations and reports from taking vaginal swabs and checking clothes and fingernails of the victim to test for DNA, blood samples, semen/sperm samples and lubricants as well as carrying out alcohol tests on the victim etc. The Indian Development of Health Research has also drafted guidelines on psycho-social impact of sexual violence including victim counseling. The broken hymen test is unnecessary and invasive, since a woman does not need to be a virgin to be raped. In the case of Ladka Pola v/s State of Delhi (Criminal appeal no. 133 of 2006), the findings of the court were upheld, holding the appellant guilty of offence under Sec 376 of the Indian Penal Code when the hymen of the victim was found intact. Modi in medical jurisprudence and toxicology (21st edition) also states that, to constitute the offence of rape, it is not necessary that there should be complete penetration of the penis with emission of semen and rupture of hymen. Partial penetration of penis or ‘any other item’ within labia major or vulva would be sufficient to constitute the offence of rape. In this regard, it can be inferred that whether the hymen is intact or broken is not the concern for deciding the rape of the victim. Circumstantial evidence (i.e. the evidence surrounding the scene of a crime) holds a lot of importance in rape cases. As per the Indian Evidence Act, 1872, the circumstances which link to the fact in issue are relevant to the case as it is part of the same transaction. Circumstantial evidence makes it more difficult to fabricate the crime executed by the accused. Circumstantial evidence can also be taken as the sole basis of conviction. In the case of Bodh Raj v/s State (criminal appeal 921 of 2000), the essentials of using circumstantial evidence of the purpose of conviction were given out. The essentials are as follows:- 1. Circumstances from which guilt is established must be fully proved. 2. That all the facts must be consistent with the hypothesis of the guilt of the accused. 3. That the circumstances must be of conclusive nature and tendency. 4. That the circumstances should, to a moral certainty, actually exclude every hypothesis expect the one proposed to be proved. Humiliation of the rape victims is more or less similar in all the countries. National Policing Improvement Agency has published “guidelines on investigating and prosecuting rape, 2010” in United Kingdom for dealing with the medication examination of the rape victims. The Crown Prosecution Services has also given out guidelines for medical examination of rape victims which is more or less similar to the India’s DHR guidelines. Use of colposcope is upheld by Appellate Court of California in the case of Mendibles v/s Superior Court (1984). Colposcopy helps the examiner to identify and photograph genital injury not readily visible to the naked eye, thereby clarifying the location and extent of injury as well as providing evidence for court proceedings. Colposcopic examination is not prevalent in India.

Advocate Sachetan Ghosh LawRato