93+ Lawyers are online 
False rape case filed by housemaid, what can be done
07-Jan-2023 (In Criminal Law)
One of my relatives lives in delhi. They got a house maid to take care of their ailing daughter. She is abt 15-16 yrs of age. Lately we found she was pregnant. She then went back to her home. Now she has filed an Fir u/s 376 & posco for rape against my relative. My relative has not done anything. He is innocent. He is a highly reputable person. Police arrested him and after 1 day lodged him in tihar jail. The opposite party is asking for money to take back the case. What would be the best way to deal with it. My relative is ready to go for DNA test bcz he says he is innocent.. but DNA test takes time and we can't let him suffer in tihar jail in the meantime.
First You apply for the bail and include all the grounds which absolves you from the charges and ask the court to consider that the accused herein is ready to submit himself for all kinds of test which is generally used for the purpose of establishing the guilt at the earliest and if he gets bail then If thr charges are false then the medical examination would not corroborate her accusation and the statement of the complainant would be Issue less and do not forget to cross examining her rigoursly as it will help u in bringing the entire truth before the Hon'ble Court and Once You get bail from sessions , you can also approach the High Court if the prosecution version raises doubt and the testimony of the complainant is not reliable ..
Helpful?
27+
27+
Adv. Suneel Kumar
Delhi | 200+ Answers
CONTACT NOW
DNA test is the best way to prove innocent of your relative. File an application for DNA test of the girl's womb. If the girl has filed false case, she will oppose the application for DNA Test. This will open way for bail of your relative.
Helpful?
39+
39+
Adv. Prakash Khandelwal
Delhi | 25+ Answers
CONTACT NOW
Before answering your queries there are few things which are necessary to know like from how much time she was engaged as maid in your house? How many months pregnent she was when she was sent to her home. Try to find any such complaint does she had made against anyone else earlier. Does she had any affair or pregnancy record earlier. Rest can be discussed after a meeting.
Helpful?
25+
25+
Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
CONTACT NOW
It is very important to peruse the file and then prepare arguments for bail. The investigation and material on record could reveal loopholes and then make us a case that we want for grant of bail atleast.
Helpful?
39+
39+
Adv. Shobhit Bhatia
Delhi | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
