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Vaibhav Dixena
in Criminal Law Procedural Law
Asked August 27, 2017

Falsely accused for sexual violence

  • 2 Answers
  • 485 Views

Hi, My father has been trapped by 2 girl, whose age is below 18, under section 354 34 ipc, 10 pasco, sc/st 3(1),3(2), and v(k). It is all happeing becuase of money, there are few small political leader who are demanding for money from us to close the case. My father is well know teacher and his age is 53 years. I did not have a single black spot in his career. Whole village is in my favour of my father becuase they everything that my father has done nothing wrong. Everday day they are demanding for money. You know very well that under this sections its very difficult to get bail. When we had discussed with police station incharge , he told that i can not do anything becuase i have some political pressure. Girls are saying my father did something with them 3 years back. There was already one investigation took place by the block education office , under which my father found to be innocent. These days courts are very strict in such cases , so its very difficult to get bail. We have lost all our hopes. Till now we did not even appeal in session court for bail. Kindly suggest us that how should we proceed that atleast we can get bail.

Answers 2

hi,

 

Where a person is charged with a non-bailable offense, but it appears in the course of the trial that he is not guilty of such offense, he can be immediately released on bail pending further inquiry. therefore you need to file an application under Section 437 of the Criminal procedure code. The same may be done after the conclusion of a trial and before judgment is pronounced, if the person is believed not to be guilty of a non- bailable offence. As a safeguard the section provides for review of the order by the Court which has released the person on bail. The power of the Magistrate under this section cannot be treated at par with the powers of the Sessions Court and the High Court under Section 439. Now, the first remedy would be to file under the session court for the bail and if the court is not satisfied then move the application to the high court. However, to prove your father is innocent, collect all the necessary evidence like the report of the block education office, and other witnesses which can prove your father character.

 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

Hi,

 

In this case, the above termination can be challenged as termination was without any notice or without any opportunity given. Now, it can challenge under Article 14 of the Indian constitution by stating that there was the direct violation the principle of the natural justice as there was no notice issued and no opportunity given for the abuse word which was on chat for which the termination was given, it is a fundamental right to give the opportunity which should have been provided for the issue of abusive word to which lead to termination of employment.

 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

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