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Girl filed false case under 376 blackmailing brother to marry
03-Nov-2023 (In Criminal Law)
My brother was in relationship with 1 girl frm last 8 months n they both are agreed for marriage, but after few days my brother realised that the girl is engaged with some other boy also, so my brother broke up with her and ignored her but then she forced my brother to marry with her and blackmailing that if he will not marry then she will suicide. after long discussion my brother and that girl upfrontly go to PS and then girl filed a case under section 376 on my brother. But my brother said that he had not been in a physical relationship with that girl but still my brother is under police custody in thane jail without any crime...Please suggest what to do now
hello dear client, can you tell me about the relation of your bro that whether your bro had been intercourse with that girl or not. and if yes then it is not to be considered to be a rape with the consent of that girl. but the burden of proof will be on your side. in this case first make complaint against that girl from your side, that she had done false complaint against your bro. and demand for her medical test whether your bro had done the SEX or not. on that basis your bro can get out from the jail.
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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Goto Bombay High Court and seek Bail if he is still in custody and there are many judgements which will get your brother get justice. Also take the correct facts from your brother and give it to his lawyer who can help him prepare the bail.
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Adv. Pankaj Bafna
Mumbai | 25+ Answers
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u can file bail application before court there will be chance to release him on bail the bail application be put before sessions court and after order of bail granted u hav to make compliance of suerty.
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Adv. Akash Pralhad Mahangade
Satara | 25+ Answers
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