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Author Topic: Legal Advice on Consensual sexual whatapp chat case booked under 354(D)  (Read 848 times)

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Offline purushkante

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Dear sir,
 
A case was booked against me u/s 354(D) by showing one sided whatsapp chat even though it was consensual sexual chat conversation close to 18 months back.
Now the FSL report had come from forensic department which clearly indicates it was consensual sexual chat and she provoked me into the situation. But while filing charge sheet it nothing was quoated as consensual chat. Instead it was elaborated as my mistake.
Can you please guide me what are the chances of winning the case by attending trails.

Thanks and regards
PK

Offline advjaibansal

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Re: Legal Advice on Consensual sexual whatapp chat case booked under 354(D)
« Reply #1 on: February 14, 2018, 04:56:18 AM »
Dear Sir,

Please get your entire wassapp chat verified by FLS (private lab) and file it before the court along with discharge application. Try and agrue your discharge application. If charge are already framed then file the same before the high court and file for quashing under section 482 of criminal procedure code.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Online kalaskarkk

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Re: Legal Advice on Consensual sexual whatapp chat case booked under 354(D)
« Reply #2 on: February 14, 2018, 05:41:51 AM »
Dear Sir,

It is foolish to attend the trials. Just file discharge application under section 239 CRPC. It is elaborated as below: Please contact me for preparing DRAFT DISCHARGE APPLICATION

The Applicable Law

Section 239, Crpc when accused shall be discharged. - (1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
Ingredients for Discharge

The Court will have to consider the Police Report and the Charge sheet (F.I.R and Final Case Report) as submitted to it by the Police under Section 173.
The Magistrate may examine the Accused if he deems fit.Thereafter both the Prosecution and the Accused Parties versions would be heardCharge against the accused to be groundless- There should not be in existence an iota of evidence against the accused. The Court also has to satisfy itself that there is no prima facie (on the face of it) case against the accused.Then the Accused shall be discharged
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification


 

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