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Author Topic: case booked under 354 (A), 354(D) and IT act  (Read 405 times)

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Offline purushkante

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case booked under 354 (A), 354(D) and IT act
« on: October 25, 2016, 02:08:41 PM »
A women working in our government organization used to provoke me for sexual intercourse since 2 years. Initially i neglected her. She used to chat with me in wattsapp. Last 3 months there was very few lines of sexual chat ,and one porn photo which clearly indicates she provoked me, and she is also intrested.

When i did not obliged her instructions she booked a case and FIR filed under sections 354(A), 354(D), Section IT act.

She produced only one way conversation in front of police before filling the case by deleting her conversation part. Later i have submitted complete conversation from watts app back up recovery.

Charge sheet not yet filed as our phones were sent to digital forrensic.

Earlier there was simillar incident on her superior case was filed under 354, and got compromised during trails after 2 years.
Please suggest how to proceed further..I am a Government Employee working in Hyderabad. What are all the provisions of law if a lady provoked and trapped men into these kind incidences. Shall I apply for quash in High Court based on earlier case judgement.

Regards,
Purush
« Last Edit: October 25, 2016, 02:18:32 PM by purushkante »

Offline Advocate M.Bhadra

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Re: case booked under 354 (A), 354(D) and IT act
« Reply #1 on: October 26, 2016, 09:00:54 AM »
Merit of quashing petition in High Court are rare incident, better to defend the case by producing proper evidence in trial court. After acquitted you can file a criminal case for defamation, false case etc. and file a civil case for claiming damages amount for defame the character.


M.Bhadra, advocate at Kolkata,9836589246

Offline purushkante

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Re: case booked under 354 (A), 354(D) and IT act
« Reply #2 on: October 27, 2016, 08:10:27 PM »
Thanks for your Reply sir.

With recent developments she wants to withdraw the case. In such a case quash of petition in highcourt is possible. Is there any penalty imposed on her.

Regards
Purush

Offline purushkante

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Re: case booked under 354 (A), 354(D) and IT act
« Reply #3 on: October 27, 2016, 08:39:47 PM »
Thanks for your Reply sir.

With recent developments she wants to withdraw the case. In such a case quash of petition in highcourt is possible. Is there any penalty imposed on her. What are all the provisions of law incase of consensual situation.

Looking forward your advice.

Regards
Purush

 

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