Threat of false rape

ranveer (Querist) 24 August 2013 This query is : Resolved
respected lawyers,
almost 9 years ago , if someone had a sexual intercourse with a girl with her consent. after that they never talk or even seen each other. suppose if she suddenly comes from somewhere, does she file a rape case? if yes
what will be the consequences? she has no proof at all. because they never talked with each other before and after that one single encounter. what are the chances of FIR, and BAIL , CONVICTION.

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P. Venu (Expert) 24 August 2013
The question of evidence is that of the alleged consent for the sexual intercourse.Talks before or afterwards immaterial.

A FIR after a delay of nine years is, generally, not sustainable. If no FIR is not lodged promptly, it denotes consent.

V R SHROFF (Expert) 24 August 2013
CANNOT PROVE NOW.
No Evidence , so it will fail,

Unless she delivered a child, at her age below 18 yrs, and DNA test proves u r biological father of the child....

Rape does not require talking, it is Body contact.

Guest (Expert) 24 August 2013
Your case is sound. Probably action after 9 years on the part of the lady may be an attempt of the lady to blackmail you to extract money in the name of rape.

ranveer (Querist) 24 August 2013
thanks for replies (venu sir and shroff sir).
ur answers give me some relief. but sir recent judgement of courts mentioned that delay in FIR is immaterial/not important.
and police has to report fir immediately without investigation first. Am i right sir?

ranveer (Querist) 24 August 2013
thankyou dhingra sir..

ranveer (Querist) 24 August 2013
dhingra sir you have mentioned -"your case is sound" what is the meaning of this ? i cant get it . can you please explain?

Nadeem Qureshi (Expert) 24 August 2013
it there is any threat for filing false case against you then file a criminal complaint u/s 383/384 of IPC against her for extortion.
because if she filed a false case against you then it may be possible that the court pass an order for your acquittal after trial but till the completion of trial you have to face difficult situation like, arresting, bail, charge, evidence, examination, cross examination, arguments etc......

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