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How to get justice in false rape case?
16-Jan-2023 (In Criminal Law)
A false allegation was made and FIR filed on 25.02.2016 u/s 376, 328, 354D & 506 against me. I got arrested on 02.03.2016 and spent 8 months in Tihar jail before getting bail from Hon. High Court of Delhi I had and still have all the proofs of my innocence like 300 emails and 4.5 months of whatsapp chats and 76 photographs and 4 SMS and 6 voice recordings of phone calls. Still I suffered and still suffering in trial court Right now, the cross examination of the complainant is over and she admitted all those evidences produced by me as genuine Please let me know if those are feasible - 1) I want a fast track court trial. I am getting dates of 2-3 months. I am financially bankrupt so can't afford to visit Delhi again and again from Kolkata 2) I want further cross examination of the complainant as she was avoiding answering many vital questions and evidences 3) I want immediate dismissal of case if complainant proved false beyond doubt and her punishment u/s 211
You can surely get the cross examination done but the case cannot be put on to a fast track. Further you can lodge a formal protest application in the Court. There is always an alternative to lodge a Counter Complaint
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Adv. Anant Sharma
Delhi | 25+ Answers
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You can file application for recall of the complainant for her re-cross examination, giving specific reasons as you have mentioned here. The court may allow your application. Further you may request the trial court/ High Court for speedy trial.
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Adv. Prakash Khandelwal
Delhi | 25+ Answers
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One will have to see the order sheets and case file give a better opinion. As such the trial court has power under section 311 of CPC to recall / re-examine a witness. However, for recalling and re-examination of any person already examined, the Court must necessarily consider and ensure that such recall and re-examination of any person, appears in the view of the Court to be essential for the just decision of the case.
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Dear Sir,
You should move an application for speedy trial of the case, an application for filing of false case against you and to seek further cross examination before the court concerned.
Thanks and regards
You should move an application for speedy trial of the case, an application for filing of false case against you and to seek further cross examination before the court concerned.
Thanks and regards
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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Hi, sad to learn about you. Your proofs are vital and material to prove you innocent. You may apply for the fast court court or speedy trial mentioning all material facts. You may also go for the quashing as you are facing trial due to improper investigation of the case. You may also pray for further cross examination of complainant in the trial court. Plz take strong decisions and move forward. Best wishes
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Adv. Ganesh Singh
Delhi | 500+ Answers
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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.
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