Help needed in false rape case


This is a promise to marry case though there was never any promise. Obviously there is no documentary evidence of that as well. Girl has complained after 6 months that there was verbal promise and based on that they had s*x a couple of times. In reality there was no s*x involved even though they met in private few times in relationship of 6-7 months.

Family and friends were not aware, no engagement ceremony etc were performed, neither there was any concealment/misrepresentation from boy's side. Girl is major and working lady.

1. I know in such cases, complainant's statement is enough. Will court accept marriage promise and physical relation only based on girl's word even though there is no medical or any other hard evidence?

2. What is possibility of conviction in such cases? Is quashing possible?

 
Reply   
 

In those cases , the court always presume that victim allegations are right as per evidence act. Now there is burden of proof on accuse to revert that presumption
 
Reply   
 



Thanks. So basically the boy is going to jail unless complainant is hostile. Because there cant be any way to refute verbal allegations.  

 
Reply   
 

Sex with the adult willing partner on the promise of marriage is no crime. In the beginning the police harasses the accused because of the failure of our system, but ultimately the court acquits him in the end.
 
Reply   
 

Sex with the adult willing partner on the promise of marriage is no crime. In the beginning the police harasses the accused because of the failure of our system, but ultimately the court acquits him in the end.
 
Reply   
 

Thanks for the response. In absence of corroborative medical evidence, how can s*x be proven? any idea what is the conviction rate of such cases if outside court settlement is not done? I know the overall conviction rate for rape is about 25%.

 
Reply   
 

Mansoor, even penetration is enough. But in your case it wasn't rape which I've replied earlier. You can search online for the requisite judgement.
 
Reply   
 

Thanks for your advice. very helpful.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu