ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Q.False allegations of sexual mis conduct by a known women
Administrative Law (422)
Adoption (118)
Advertising (45)
Animal Laws (38)
Arbitration and Mediation (38)
Aviation (15)
Banking (518)
Bankruptcy and Debt (171)
Cheque Bounce (379)
Child Custody (147)
Civil (1945)
Commercial (68)
Consumer Protection (548)
Contracts and Agreements (452)
Corporate and Incorporation (91)
Criminal (1517)
Customs, Excise (34)
Cyber, Internet, Information Technology (320)
Debt and Lending Agreement (76)
Debt Collection (142)
Divorce (472)
Divorce and Separation (1599)
Documentation (298)
Domestic Violence (546)
Election Campaign and Political Laws (20)
Employment and Labour (1046)
Environment and Natural Resources (29)
Family (1851)
Financial Markets and Services (89)
Government Contracts (51)
Human Rights (255)
Immigration (54)
Industrial Laws (51)
Insurance (67)
Intellectual Property, Copyright, Patent, Trademark (98)
International Laws (11)
IT Contracts (41)
Juvenile (17)
Landlord and Tenant (576)
Licensing (21)
Mail Fraud (14)
Maternity (57)
Media, Communication, Entertainment (16)
Mergers and Acquisition (20)
Military Laws (9)
Motor Accident (132)
Muslim Laws (56)
Outsourcing Agreement/Laws (5)
Partnership (58)
Police Laws (60)
Power of Attorney (74)
Privacy (89)
Property (2738)
Real Estate (402)
Registration (134)
RTI (110)
Sale (57)
Sale of Goods (20)
Sex Crime (136)
Sexual Harassment (6)
Sexual Harassment at Workplace (69)
Software License (4)
Tax (13)
Tax-GST (6)
Tax-Income Tax (22)
Tax-Property Tax (30)
Telecommunication (10)
Torts (16)
Transportation (49)
Trust and Society (NGO) (80)
Will (142)
Work Permits (30)

Q. False allegations of sexual mis conduct by a known women

Placeholder image


posted 4 months ago

Hi, this is for a friend. He is married and has a respectable position in the society. One of his aquaintance has lodged an FIR of wrong fully holding her hand and of sexual mis conduct. Both my friend and this lady are married and I beleive they both are already involved extra maritally. In a lower court he got convicted and sentenced for 5 yrs, now he is challenging the same in the higher court. My question is if a known aquaintance and that too if two people already involved physically one of whom decides to do lodge an this can be proved to the court that this is not a forceful conduct?
Share this questionShare Icon

Showing 5 of 5 Responses

A. U must have legal evidence about it

Found Helpful
Found Helpful
Share this answerShare Icon

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

View All Answers
Reply Here

A. Evidence.

Found Helpful
Found Helpful
Share this answerShare Icon
Reply Here

A. Dear Client,
Since this matter has gone to the higher Court in Appeal it will not be right to say anything at this stage.
We take actions only what we see in public and not within four walls of the room.
We need to pay respect to the women.
Shanti Ranjan Behera

Found Helpful
Found Helpful
Share this answerShare Icon

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 months ago

View All Answers
Reply Here

A. Sir, as per your query, If your friend has already lost in the lower court, it means that the lower court was satisfied enough about the allegations. It is a norm in legal terminology that we need to prove 'beyond reasonable doubt' ie. [more than 100%] and it is only then that the court will prosecute someone.

Having that said. It is the right of the citizen that he can challenge the lower courts judgement in a higher court if he feels that he is aggrieved and that there is some mistake or neglect or wrong in the judgement. To which you can appeal to the higher authority and present your case. Thereafter, on the basis of the merit the higher court shall come to a verdict which may or may not be in your favour.
Coming to your next question [about the extra marital] this Sir, has not been proved. The court will want evidences. Also both of these are nowhere related. Adultery is by choice and Sexual Misconduct is by force. Even if they did share some Adulterous moments it has nothing to do with Sexual Misconduct. However, proving these things are really difficult in a court of law.

It is advised that. ask your friend to consult a good criminal lawyer and prepare the same with such strong evidences which prove that your friend is no way involved in such sexual misconduct and that the allegations made by the female is false and malafide in intention, and is just an attempt to defame the respectable position your friend has in the society. On the basis of such evidences and arguments, The High Court [If satisfied] will give a judgement in your friends favour. [Only if he and his lawyer can prove that the allegations made by the lady are false, by way of evidence]
Hope this helped.
Shreyash Mohta

Found Helpful
Found Helpful
Share this answerShare Icon

Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

View All Answers
Reply Here

A. Dear Sir,
Consensual sex is no crime as held by Supreme Court in many cases. This has to be established by your friend showing previous conduct of that lady.

For full procedure contact me on mobile through Vidhikarya.

Found Helpful
Found Helpful
Share this answerShare Icon
Reply Here
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us