Monday, 3 August 2015

Facing False IPC498A, rape, dowry, molestation, DV case, how to fight back?

Before start you must know the basic of criminal justice system:

          Cases WIN or lost depend on ground contradictory statements, creating doubt against any allegations, abuse the process of LAW or for coming to court with unclean hands is the major key factor.

           Go through all FIR/ Complaint/ Charge sheet or any other cases documents, then note down the contradictory statements, hiding of Important Fact.

           On Facts of cases, prepare the questions for complainant and witness for Cross.
           Bring out the fact in court and also try to find reference Judgments of SC or HC like your cases.

           Use of CrPC 340 should not be missed at any stage, let judge dismiss it or keep pending for trial to end.

           90% preparation should be from your side, as you know the fact better than your lawyers.

           Avoid any contradictory statements or allegations without evidence from your side.

           Highlight all the good things you have done for her, like purchase of any items / home / FD / education / photos of outings etc.

           Identify the motive of her filling such cases, MOST IMPORTANT.

  • Never ever try to close the Complaint at Police station:

We have witness many cases, people think such cases can be closed by police station itself by compromise or a simple apology etc. The fact such cases are non-compoundable and non-cognizable and as per Complaint if the allegations levelled revel cognizable offence, police have no option but to register the FIR, let the allegation fake or you have evidence to prove it wrong.

So, don’t waste money and time to stop conversion of complaint to FIR. Your job starts once FIR get registered , then try to close the FIR by providing any evidence you have to Investigation officer to file final closer reports to court. Wherever without FIR police had tried to close the complaint, the accused had faced much trouble. Any type of compromise dead or apology etc will be used to file second time Complaint with stronger prima face evidence and none will be able to save you.

  • No self confession at Police stations or in Court:

Anything you say WILL be used against you, what you do not consider a "confession" police or social workers are likely to. Never try to explain why you have done this for her to help or come out form depression, learn from Sooraj Panchali case. It will be used against you as prima face evidence to build the case and the same act done for  good intention or bad intention up to court to decide and you will be dragged in court room years after years.

When we go through various judgments of Supreme Court of India witness more than 90% cases  where ever some men failed to prove their innocence, it is due to the self confession by accused was the prime reason for his convection.

We have seen many thousands of cases that would never have seen a courtroom had it not been for the things the accused said that were twisted into being a confession.


Yes police will try their best to play good and bad cope to get your confession by hook or crook, but always remember those are temporary torture, mentally prepare to face it.

  • Demand advocate to be present

If you demand an advocate, and you cannot afford one, police can’t continue to question you if you want one appointed free for you. If they persist they risk contaminating a case.

They have to produce you in court and that time seeks again an advocate and brings the truth of their physical torture if any.

You have to understand the level of Trouble you are going to face.

  • Finding the right advocate or LAW firm to represent you

There are many good advocates available, but that does not grantee hiring a good advocate will save you. There is nothing called good or bad advocate, it is how you and he make the relationship and understand each other’s requirement, start form fees to your capacity to pay.

Always avoid negotiating with advocate about their fees, asking their fees and if you can afford it go with it or avoid. It’s always better to fix fees per date than one time amount, it is a win win situation for both keeping in mind our Indian judiciary’s back log of cases.

First you have to understand the meaning of advocate. In legal terms he is representative of you. Why you need a representative for you? The reason is you have faced such cases first time, but an advocate witnesses such cases many times, so some experience he had which you don’t have. 

Maximum cases we witness people run behind costly advocates and end up with a situation, instead the advocate represent him, he became representative of advocate.

It is often best to find the best advocate reference from the various court judgements where they had past experience of success.

If at all you don’t find a suitable advocate for your case as per your budget, it is better to fight as party –in-person than try to find a re-negotiated advocate.

It’s time to start update your own knowledge. You might have seen in movies, how an honest advocate brings all the evidences or witness in court room and in last minute turn the table.

But in reality it does not happen. 90% hard work, like collecting evidence, protecting your defence, you have to do it. Your advocate job to make the same in legal language and his job is only 10%. To understand various Law and judgements one need maximum 3 months for an average IQ guy, as it is not a rocket science.

The more you will start reading various SC or HC judgements, you will find more loop hole in your FIR or in her statements.

You can select any one as advocate to represent you, but should never rely solely on anyone, not even yourself. You must start to meet others who also facing such cases learn from their success and failure story. You can't help to defend yourself from a place of ignorance. You'll need to educate yourself on the subject area of the allegations you are facing.

When your advocate tells you that you need to do "X" it is important that you understand why you need to do that. Lots of time can be wasted trying to explain every step to you, and often the effort spent "selling" you on the need to do "X" or "Y" becomes so tiresome that anyone will decide to stop trying.

You need to understand why the things are necessary and not just be a cash cow and a passenger along for the ride. The best results come from a fully involved advocate and client relationship.
Many advocates don't like that, but the successful ones demand it. Beware and don't snatch defeat out of the jaws of victory.

  • Build your resources, may have to look for some Loan

No one wants to hear that this kind of case will be expensive and takes long time. Actually such cases had been filed against you keeping in mind that only. On the fear of arrest, on the fear of social reputation, on the fear of cases will drag years after years, you will surrender to their illegal demands.

If you had faced such cases, as your earlier brothers also done the same mistakes by surrendering in front them, it’s called Legal Terrorism. So, first you have to mentally prepare what ever happened to me already happened, but will not allow her to bite another innocent and for that if required will sell my own body parts also , but will not surrender in blackmailing or extortion.

Then only you will able to take right steps.

  • You have to begin by realizing the level of trouble you are in

Understand the consequences if you underestimate the legal ramifications for your life lead you to make the wrong decisions. Unfortunately most people go into some level of denial and minimize the trouble they are in. As a consequence they fail to do things they must and find themselves in much deeper legal troubles than they started out with. 

For an example, say child sexual abuse allegations or sexual abuse to wife had been added during a divorce case, and you feel they mean little as how can such allegations to be taken seriously by court or your advocate says "such cases does not stand in court" . So you prefer to take such allegations lightly and ignore to concentrate to break their allegations and then find in no man’s land during trial. If you had reacted properly the eventual cost would be a fraction of what it will cost if things get out of hand.

You must start learning various technological product like , CCTV, SPY Cameras , good recording device for Mobile Phone , latest voice recording software , as during the process of all investigation, you may en-countered many threat , blackmailing , extortion demand . Don't loose the opportunity to capture the same always keep safe the original .

  • Avoid running away from court date:

We know maximum people hate to attend the court date, but the fact is as per criminal law, as an accused you are suppose to be present in court date. If you unable to present an exemption must be filed. But maximum cases we witness, when judge call, neither accused or advocate present and opposite party take un-due advantages to issue NBW and again you have to run form pillar to post and loose all advantages of your hard earned earlier bail or AB.

  • Start working with witness list:

You will need to start working on lit of witness. Include the people's name, addresses, phone information, as well as their employment and a brief biography. And also a brief bit on what they can testify to. Many time seen the witness you think is not important became key witness in your case.

You know best your case, so first identify truthfulness of witness and concentrate to bring truth in court room via cross exemptions. So, don’t limit yourself on one or two witness, use bad witnesses as well as ones on your side all, bring them in court notice. Let us decide who is important and who isn't. Witnesses are key evidence in any criminal cases fate. Always insist first all evidence of all wittness completed then only cross should start . Otherwise depend on your cross other wittness may add more aligation. If judge do not agree file application under CRPC 242/3 , let judge reject it at least it will help in higher court the evidence was after thought.

  • Prepare for Final arguments:

          Depending on FIR, Charge sheet, Witness statements, you have made the question of cross exemptions and your aim to get maximum contradictory statements, creating doubt against any allegations, abuse the process of LAW or for coming to court with unclean hands.

          Summaries all and Present all the same, preferably as written statements.

          Enclose some SC or HC judgements if any, same like your cases.

          Prepare yourself to fight Up to Sc than surrender against any Legal Terrorism.

90% is your mental battle and 10% is legal battle in all such cases. Start networking with people in advance than crying foul after wards and keep blaming, advocates and judges as biased.

All are suppose to be behave as biased ( the way you also was till you got hit by any false cases in India )  as law itself is biased on assumption that a women never lie or  a women never cheat .


Sahil Kapoor said...

Thank your for opening of eyes.

Chetan S said...

Really encouraging.

Sunil P said...

very good and knowledgeable post .

Sunil P said...

very good knowledgeable blog

ravi gupta said...

Agreed with above.. Must follow..thanks Swaroop.