False Rape case.......................................................
12-Nov-2023 (In Criminal Law)
My brother-in-law is working in govt job.Few years back they brought a house which has a wall dispute from their neighbors and old owner .When we came in to new house from that day our neighbor are harassing us every day .In between these years some small clashes happened between our two families and our neighbor belonging to ST background and few years back they filed a case using SC/ST act and they threaten us to sell the property for 1/2 price and leave the place and we win the case in court against them and the case was closed .Few days back they intentionally made a activity that when brother-in-law son playing in outside they beaten that 5 years old kid when my brother-in-law went to ask them why you people done this .on next day few people came and beaten my brother-in law and kept a false rape attempt case on him.Now he is in jail when we ask to withdraw this false case they told they need to transfer the property with there name and they will not give a single rupee
It seems you are in a real trouble , but need not worry file a bail petition in the district court if rejected, then in High court. Your case has good ground to file a bail petition , then also file FIR in p.s as they assaulted your nephew .
SC/ST and atrociti case are being serious in nature and regarding the offence of rape it's need some evidence,if evidence goes against you ,you will turn up in Jeopardy and how many days he is in custody??
1. In such cases, as far as offence under Section 182 is concerned, a complaint can be made to the Police officer to whom false complaint has been made, or complaint can be made to a higher authority about the filing of said false complaint, and the concerned Police officer or the higher authority is empowered to file the case against the person in the Magistrates Court who has made false complaint to the Police.
2. Alternatively, we can move to the High Court to quash the FIR on false allegations.
3. And immediately do the medical check up in a govt. hospital of the 5 year old boy which will help you in future course of action.
2. Alternatively, we can move to the High Court to quash the FIR on false allegations.
3. And immediately do the medical check up in a govt. hospital of the 5 year old boy which will help you in future course of action.
First of all apply for bail. Secondly, wait for the trail because cross examination is the only way to prove that the allegations are false and the accused person is innocent. Therefore, don't panic. Handover this case to the best lawyer.
Rape case is not compoundable offence . Hence you have to face trial . Try to get bail from honorable high Court then discuss in which way you will protect your right . For better suggestion please contact with me
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