Ipc 375/376 case

Rohan (Querist) 25 September 2012 This query is : Resolved
Person A (woman) and Person B (man) have had a relationship in past (non-sexual) for last 2-3 years and now person B wants to move on. However Person A is accusing Person B of having raped her (She has proof of letters and hotel bills where they stayed together but no sexual relationship).

1. Does person A have a rape case and can she file an FIR with these details?
2. If yes, what happens to person B, will he be jailed without chances of bail and for how long? Can you give detail of how things willpan out?
3. Also how will person B prove that no rape or even sex has happened?
4. Can person A also accuse family of person B into this case?

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Devajyoti Barman (Expert) 25 September 2012
1. Yes, sex with promise of marriage amounts to rape.
2.Well in first feww months the bail would be quite difficult.
3.Not B but it for A to prove sex on promise of marriage.
4. No.

Rajeev Kumar (Expert) 25 September 2012
I agree with Barman Sir.

Raj Kumar Makkad (Expert) 26 September 2012
I have also no reason to difer with Barman.

Rohan (Querist) 28 September 2012
Thank you everyone. This definitely helps.

Guest (Expert) 28 September 2012
In non-sexual relationship, I don't think the rape case can stand the test.

K.K.Ganguly (Expert) 28 September 2012
1) B wants to move on or move out of the relationship now? If he wants to move out having sexual relationship with A with the promise of marriage for which they had stayed together in a hotel, then rape charge can be brought by A against B.
2) B's all problem will be over if by chance it can be medically proved that A is still a virgin, since it is claimed that they did never go physical.

Arun Kumar Bhagat (Expert) 30 October 2012
Mr. K.K.Ganguly, as per latest SC judgment actual penetration is not sino quo non for 376. Virginity will not be the key factor.

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