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

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Anonymous

posted 10 months ago

Q.False allegations of sexual mis conduct by a known women
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 FIR..how this can be proved to the court that this is not a forceful conduct?

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 10 months ago

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A. ) U must have legal evidence about it

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Mohammed Faiz Shaikh

Experience: 1 Year(s)

Responded 10 months ago

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A. ) Evidence.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 10 months ago

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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
Advocate

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Shreyash Mohta

Experience: 1 Year(s)

Responded 10 months ago

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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

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 10 months ago

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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.

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