False sexual harassment case
Respected sir / madam I am Rajashekar from Karnataka and one of the IAS aspirants. This incidence has happened in (June 2015) when I was staying in Delhi for coaching. She (complainant and IAS aspirant) is also from Karnataka. Unfortunately, I met her in a private library where I used to go for study regularly. Within 2-3 days she came very close to me for friendship. In my knowledge she was trying me to attract sexually (with her behaviour and body language) and sometimes I was also getting influenced towards her, but I never lost control. In the beginning I just avoided her, but sometimes I couldn't. Few days later with casual talking I came to know that she was in love with me but I told her that I am not interested. Then, she misinterpreted me and her thinking went on in a negative direction. She thought that I'm interested in sex but not in love, but I never imagined like that. At the same time misunderstanding happened and we criticised each other also. One day this arguing ( about misunderstanding) went on seriously over the phone in the night around 11 pm. She was trying to highlight my negatives, criticised me and scolded me with very rude words. When I lost patience I did same thing and unknowingly I used the word prostitute. In return she scolded me a lot and said, I have all call records, so I ‘ll teach you a lesson. She wanted me to bow before her with folded hands, so she took advantage of irrelevant call records and finally filed a FIR against me by mentioning sexual harassment, molestation and scolding. Later, on my friend's suggestions I apologized to her and requested to close the case, she accepted and I got bail too on the same day. But the problem is not got solved here, when we went to the court for the summons and to close the case by mutual understanding, unfortunately on that day district court judge was on leave. Then, we were asked to attend next summons but this time her mind set was changed completely and she demanded Rs 2 lakh to close this case. We conveyed her a lot but she told if you don't give the money I ‘ll go against you, so your IAS dream will be vanished during this court proceedings. I think she is very experienced one in this kind of cases and she also know that I don't fight against her on the merit because of reasons like money, time and place of the court is not convenient for me. When I failed to fulfill her demand, she gave the statement against me in the final summons. Now I will have to attend the court again on this 4th October and if this case does not get solved, case will be transferred to High court ( My advocate told me ). I am struggling to manage monthly expenditure for studying in karnataka, then how can I arrange Rs 2 lakh. Neither I am unable to arrange the money nor defend against her in the high court due to inconvenience, although I attended court trials 11 times already in last 15 months by traveling from karnataka to delhi. I am facing extreme mental and financial torture to do all these things. I have no one personally to talk about this issue and take a help. I have invested 3 years in this civil's exam already and after this FIR whole one and half year gone waste on frustration, anxiety, depression, attending court trials and still it is not getting solved. For every court trial I have to spend Rs 4 - 5 thousand and a week's time. Except a friend and my advocate no body knows about this matter, even I unable share this thing with my family members also due to some complexities. I am being isolated completely from my friends and relations, getting tortured every minute by this problem, even I don't get sleep in the night also. Since I crossed age 30, I have no enough for other job security. Many times I thought to quit the life or take some extreme decisions, because of sufferings and loneliness. I'm spending most of the time on thinking about this case, neither I am studying nor doing anything. I tried to write a skeleton of the incident, so kindly suggest me what should I do, because I don't know any law expert personally to talk about this case. Forgive me for not mentioning the name. 1. Should I try to negotiate to fulfil her demand, because time is very crucial for me now. 2. If I defend in the high court, How long will I take the time to prove that I am not guilty and what will be the financial burden on me during the process. 3. Is it possible to request the court to transfer the case to Karnataka and what is the procedure 4. I have phone records of her blackmail, is it helpful? 5. Can I able to apply for other exams, like banking, etc because I 'm crossing age 30. 6. What’ll be the punishment for her if I prove that I am not guilty and what justice can I get from the court. 8. I also haerd that; lawyers unnecessarily extend the case for their benefits, is it so? Can I believe the lawyer and the court? 9. Any better alternatives? Because I am a student, my whole life is depending upon this CSE. 10. Can I miss the trials / postpone for inconvenience, like exam and etc. Thank you for your time and patience
An advocate providing you a legal advice needs to look into the documents in your case thoroughly and in detail. Even the small things in a matter like this counts, which means one needs to go through the contents of the chargesheet and the evidences in support.
Also the statement that the girl has given, was it recorded before the magistrate under section 164 of the Code of Criminal Procedure or not? Facts like such, are not very much clear.
Answer to your queries taken pointwise, (as per the numbering on your questions):
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