Legal Question in Criminal Law in India

Police filed a false 354 case and house trespassing case on my family members. Complainant Son is doing Govt job with fake caste certificate and that I have identified using RTI. Because of this, to blackmail with his caste he filed a false 354 case on use. Complainant age is 65 years old. In the charge sheet, they manifested the story that one day, complainant and her grandson aged(16 years) were staying at their home(Infact her grandson was staying in another village, 2 kms far away), at that time we went inside her home and Mango tree farm, removed trees and kicked both of them, molested and removed her saree. They also showed one witness in the charge sheet, one of her relative sisters son who belong to another village 2 km far way from this village who came for some work purpose at that time and seen the incidence(actually its false). The also kept one more person name in the charge sheet from local village without his concern and nothing he is seen. In fact nothing as they manifested the story is happened, but they filed false case with the help of police and her son who is doing Govt job with fake caste certificate. I have not yet complained on him regarding his false caste certificate.

Now my question is: Since complainant and police specified their relatives as witnesses, will they will be valid witnesses since they are relative?

Also Police created wrong Panchanama report to arrest my parents saying that they have deadly weapons at their home with which they removed trees and kicked complainant. In the presence of 2 local Panchayathee people(which is not actually happened), wrote a panchanama report, signed by SI. But actually SI is not part of the arrest team of police people, but only Head constable was there at that time. But panchaythee nama report was signed by SI. How do we have to proceed with this false panchanama report by police? Please answer these questions which will help me to avoid false case.


Asked on 2/02/13, 2:29 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.02.2013

Dear Sir / Madam,

(Kanchipuram / Karambakkam / Manappakkam / Porur, Chennai, Tamil Nadu)

Section 354 : Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

I really wonder what made you go all the way to use the RTI Act against the complainant's son ? Were you also contending for the same job, and did you lose the job because the complainant's son allegedly provided a false Caste Certificate and secured the job, depriving you the opportunity ? If yes, your action is justified. If no, you are unnecessarily inviting unwanted trouble for yourself with a negative mindset. As is evident from your query, please leave aside your probing attitude and nature of trying to find loopholes in anything and everything around you that you see. You have a problem with the complainant, you have a problem with the Police, how come ? Please try to make amends to your attitude and always think and act positively. You can mail me your reply at [email protected]

To give you some background, just yesterday, the Maharashtra Government and the State Chief Secretary in a seminar, debated that currently the RTI Act is being misused by people who take resort to the law to settle scores with others, putting State officials in trouble. And the Maharashtra Government believes that to stop the rampant misuse of the Right to Information Act (RTI) in the state, the Aadhar (UID) number can be used to verify the credentials of the applicant (TOI article dated 02.02.2012). I feel the Tamil Nadu Government too, may be thinking on the same lines.

Anyway, your answer lies in insisting for a copy of the entire Police Compaint lodged by the Complainant; and immediately filing your point wise reply in writing narrating all the facts that you have written in this query to the attention of the Chief Inspector, Porur Police Station and getting an acknowledgement from the Despatch Writer on your reply and let the Law take its course.

Regards,

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Answered on 2/02/13, 3:35 am
Shrichand Nahar S.V.Nahar, Advocate

A relative can be a witness.

You may conduct appropriate cross-examination of SI and others and depending on what comes decide further recourse.

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Answered on 2/07/13, 2:36 am


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