False rape case
anil
(Querist) 02 July 2014
This query is : Resolved
hello
can any1 tell me what is the legal position if any so calld rape vicitm not forensic/medical testd.
R.K Nanda
(Expert) 02 July 2014
state full facts.
Laxmi Kant Joshi
(Expert) 02 July 2014
It is compulsary to done medical test of a rape victim and sent her cloths for forensic test to match the semen , if it is not done then the advantage will be given in the favour to the accused and he can be released from the rape charges
Dr G V Rao
(Expert) 03 July 2014
Rape now has a new definition under the Nirbhaya Act......so u need to give details
anil
(Querist) 03 July 2014
1 married lady who live in another city,far 80km from my city.her husband filed false case of rape against me u/s 156/3 that i went to his home and raped her.on that so calld date and time i was presnt at my shop.i have cctv recording.after that i met higher police officers and told them that i was at my shop that time and submitted cctv recording to them.after knowing that fact,police filed final report in the case and again that lady challanged that final report in court and court again orderd fresh investigation.
again in fresh investigation io filed final report.case still pending in court.
in this so calld matter no forensic or medical test of that so calld vicitm lady.only her statement u/s 164.
Sunil S Nair
(Expert) 03 July 2014
You dont have to worry as you said cctv footage and prove your innocence
malipeddi jaggarao
(Expert) 03 July 2014
Evidence is in your favour. Engage a local lawyer to defend your case.
ajay sethi
(Expert) 03 July 2014
you have good case on merits . contact a local lawyer to defend you
Laxmi Kant Joshi
(Expert) 04 July 2014
Don't worry the case is in you favour , you will get discharge from this allegation .
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
Why should a man file a rape case against you alleging the offence committed by you on his wife. You have stated that you married a lady at 80 kms away from your home, but her husband filed a case against you for the said offence. It means did you have an illegal connection with his wife? Legally, the cctv footage held in your possession will be able to save you from the case, but what is your stand?
malipeddi jaggarao
(Expert) 05 July 2014
@ Shri Kalaiselvan. It is not "he" married a lady - it is 1 (one) married a lady. You have misread the query because the author used numerical for one.
anil
(Querist) 05 July 2014
thx mr jaggarao ji.u correctd mr.Kalaiselvan ji.
anil
(Querist) 05 July 2014
Shri Kalaiselvan ji,i have no concern with that lady or her husband.
anil
(Querist) 05 July 2014
mr laxmi kant joshi ji,as you said this is compulsary to done medical test of a rape victim and sent her cloths for forensic test to match the semen.can you provide me legal ruling or court order or any rule book?
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
Mr. Malipeddi Jagga Rao Garu and Mr. Anil, you both are right, I am sorry that I misread 1 for I in a hurry, thanks for correcting me and I stand.
In the absence of medical test atleast after the event was reported to Police, the case stands very lose against the probabilities of the commission of the alleged offence. I reiterate that the evidence in the form of CCTV footage in your possession will be sufficient enough to defend yourself and to lead for an acquittal. Preserve the evidence in its original form.
