Legal Question in Criminal Law in India

If someone is falsely accused of rape and after spending a year in jail, while the case is in court it is found by the judiciary that the incident never happened how can I get justice if the complainant is an American and the complaint was lodged in India


Asked on 4/08/10, 4:51 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Pray to God that you are out so soon. The criminal justice system is such that at times it takes years for an innocent accused to get acquittal. Your acquittal is the justice for you.

Read more
Answered on 4/08/10, 8:14 pm
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

first of all if what you say is truth then after you get the court verdict in your favour then you can file a case in the local court against the complainant for damages and harassement even though complainant is not a indian citizen. because it is your right to regain your self esteem and lost pride

Read more
Answered on 4/08/10, 8:37 pm
Shrichand Nahar S.V.Nahar, Advocate

You can explore, both civil and criminal remedies available for false/malicious prosecution.

Summons and other process can be served on somebody living abroad.

You need to know and understand that mere acquittal from case is not the proof of false or malicious prosecution. Therefore, have the matter vetted from experienced lawyer.

Read more
Answered on 4/09/10, 1:58 am


Related Questions & Answers

More Criminal Law questions and answers in India