Rampant Misuse and Abuse of Highly biased Women Centric laws - ALL MEN must watch - Rights of Arrested Person or In case of Arrest

In the wake of surge and rampant Misuse and Abuse of Highly biased Women Centric laws. 

A Must watch for ALL MEN !

Rights of Arrested Person or In case of Arrest 

Telecased on 09th June 2014 in an episode of Legal Point on Lok Sabha TV 

Eminent Panelist include - 

Retd Judge, Lawyer, Police Officer.

Part 1 of 3 

Part 2 of 3

Part 3 of 3

ALL THREE PARTS in PLAYLIST

After probe, police may get rape FIR cancelled

After probe, police may get rape FIR cancelled

TNN | Jan 29, 2014, 02.37 AM IST

NEW DELHI: East Delhi police have said that the allegations of rape levelled by a 28-year-old married woman against her friend who, she claimed, assaulted her inside a car in presence of two other men, could not be established as there are several contradictions in her statement. 

While the medical reports of the woman ruled out rape, it was found that the description of the rapist as mentioned by her in her complaint does not match that of the person she accused of committing the offence. It was also found that the car mentioned by the woman did not belong to any of the two men. Police said that the mobile location of the men was nowhere near Loni flyover where she claimed she was picked up from. Sources said there would be no arrests in the case and that police may move court for cancellation of the FIR. 

The woman had told police on Sunday that she was walking to her house when her friend and two other men pulled over and offered her a ride home. She claimed that the friend raped her after she got into the vehicle and later dumped her near a roundabout on way to Loni. She said the two friends had watched the assault and threatened her to keep mum. 

Source-http://timesofindia.indiatimes.com/city/delhi/After-probe-police-may-get-rape-FIR-cancelled/articleshow/29517525.cms

3 youths acquitted of gangrape as girl says it never happened

3 youths acquitted of gangrape as girl says it never happened

HT Correspondent  Chandigarh, January 24, 2014

First Published: 15:21 IST(24/1/2014) | Last Updated: 15:23 IST(24/1/2014)

Three engineering students booked on charges of gangrape were acquitted after the 'victim' refused to identify them and even wondered how the case was registered "when I did not lodge the complaint".

With the victim effectively turning hostile, additional district and sessions judge Shalini S Nagpal acquitted Kulwinder Singh, Monty Pandwal and Mohit Subharwal, diploma students at an institute in Sector 26. The police had on April 28, 2013, arrested the three youths on a complaint purportedly written by the 17-year-old girl from Maloya alleging that she was raped in a forest near Sakteri.

But testifying before the court on September 25, 2013, she had denied rape and said, "I have seen these persons (accused) for the first time. I have never been raped or even lodged a complaint. I do not know how the case was registered or why at all I am in the court."

Defence counsel Yadvinder Singh Sandhu told HT, "These students were implicated by the police. The girl told the court that the police had forced her to sign blank papers and she was unaware of the contents which the police called 'her complaint'."

In this 'complaint', it was said that the girl, a school dropout, had become friends with Kulwinder, who told her his name was Prashant, over phone conversations. Police said she was picked up from Sector 41 on a bike by Kulwinder who told her they would go to Sukhna lake. But he allegedly took her towards Saketri, where his friends and he allegedly took turns to rape her. None of it could be proved, though.

http://www.hindustantimes.com/punjab/chandigarh/3-youths-acquitted-of-gangrape-as-girl-says-it-never-happened/article1-1176288.aspx?hts0021

Court orders FIR against those who filed false rape case, man gets bail after 3 weeks in jail

Court orders FIR against those who filed false rape case, man gets bail after 3 weeks in jail

Written by D K Rituraj | New Delhi | January 23, 2014 04:21

A city court on Wednesday granted bail to a man accused of rape by his ex-girlfriend. The court also ordered police to register an FIR against those responsible for filing a false case.

The court’s order came after the man spent three weeks in Tihar jail. The 25-year-old woman had complained to police that Vivek had established physical relations with her for the last four years after promising marriage. However, he allegedly did not keep his promise and planned to marry another woman. She had registered a complaint against him on January 2 and police had arrested him on January 3.

The man had applied for bail on Monday on the grounds that the woman had registered a false case against him out of spite. On Wednesday, the woman submitted an affidavit before the court stating that her allegations against him were false. She further claimed that she had been “misguided” by an NGO and her lawyer into pressing rape charges.

Additional Sessions Judge Dharmesh Sharma released the man on bail, but insisted on taking action against those responsible for wasting the court’s time. The judge asked police to lodge an FIR under Section 211 IPC, which criminalises any person filing false charges.

“In view of the affidavit filed by the prosecutrix, SHO PS R K Puram is directed to lodge an FIR and take appropriate action as per law,” Judge Sharma said.

http://indianexpress.com/article/cities/delhi/court-orders-fir-against-those-who-filed-false-rape-case-man-gets-bail-after-3-weeks-in-jail/#.UuEurgP-_FA.blogger

Section 211 in The Indian Penal Code, 1860

211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death 1[ imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Man falsely implicated in rape case be compensated, says Delhi court

Man falsely implicated in rape case be compensated, says Delhi court

Press Trust of India | New Delhi 

January 15, 2014 Last Updated at 19:22 IST

A person falsely implicated in a rape case should be given compensation and either the court should be empowered to do so or the Centre should bring some amendment in the law in this regard, a Delhi court has said. 

Additional Sessions Judge Virender Bhat also said that the court could also be empowered to direct the state or the prosecutrix to compensate the person acquitted of the rape charge. 

"I may note that there is a dire need for provision to be made in the Code of Criminal Procedure (CrPC) to enable the court to direct either the state or the prosecutrix to compensate the persons acquitted of the false rape charges. 

"In cases, where the court comes to conclusion that the accused had been implicated on totally false and baseless charges, the accused, in fact, is the victim and deserves to be compensated...Caused to him in facing arrest, imprisonment and the ordeal of criminal trial," the judge said. 

"A copy of this judgment be sent to Secretary, Department of Law, Government of India and the Chairman, Law Commission of India for their perusal and consideration," he said. 

The court's observation came while hearing a rape case lodged by a married woman in March 2013, which later turned out to be false on the ground that "she was having voluntary liaison with the accused and her husband pressurised her to lodge a complaint of rape, when he came to know about their affair". 

Meanwhile, the court also ordered a separate trial of the woman for giving a false evidence before it. 

"I find it expedient to proceed against the prosecutrix under section 344 CrPC for giving false evidence before this court, which is being done by way of a separate order," the court said. 

The judge said, "At present, I do not find any provision in the CrPC or any other law in force for the time being, empowering the court to grant compensation to the accused acquitted of the false criminal charges. 

"Hence, I consider that state should either amend Section 357 (order to pay compensation) of CrPC or add a fresh section in the Code empowering the courts to grant compensation to the accused in such like cases.

http://www.business-standard.com/article/pti-stories/man-falsely-implicated-in-rape-case-be-compensated-says-court-114011501095_1.html