Legal Question in Criminal Law in India

a minor girl was working in our house and she was distant cousin of my wife.She used to help my wife in her work and took care of my 1 yr old son. After 3 month one morning when we were sleeping she took away our 2 mobiles and gave it to someone.No one else was there in our house. We tried to ask several time where she has given the mobile but she did not tell anything. In the process we gave a few slap and also thrashed her by chappal.We asked her parent to take her back to their house. They took her back and after 4 days came back to the city and lodged fir against me and my wife alleging that we have made false allegation of theft and brutally beaten her with chappal.In fir they did not mention of broken teeth at any place ,but they made it to be mentioned in the injury report as grievous injury.They have charged 307 & juvenile act against us.Does these cicumstances deserve consideration for 307


Asked on 8/29/10, 8:50 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you should have not inflicted cruelty upon her but you cannot be charged for attempt to murder. broken teeth may attract 325 but not 307. i would like to go through the f.i.r.

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Answered on 8/29/10, 10:21 am
Vishwa Arya Arya & Co.

The alleged facts cirtainly do not attract 307. You may argue at the stage of framing of charge and the same should be dropped. To begin with, it is beyond understanding that why you would not lodge the report for theft. it was otherwise important too. what if some one misuses the phone set for illegal activities and you have not reported its theft.

it is surely your mistake to have taken the law into your own hands.

You will have to wait what kind of evidence come against you or your wife at the time of trial. meanwhile if the court does not drop 307 you must challenge the same

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Answered on 8/29/10, 11:04 am
waquar ahmed Ahmed & Associates;

Ur case falls u/s 325 of IPC. UR CASE IS ONE OF THE DELAYED FIR U CAN PROCEED 2 QUASH THE FIR IN HIGH COURT.

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Answered on 8/30/10, 12:12 pm


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