RAPE CASE
Querist :
Anonymous
(Querist) 08 March 2011
This query is : Resolved
Respected experts,
A false rape case is filed against me(MY CLIENT)by (MY CLIENT) x-wife.
FACTS OF CASE ARE-
it happened that after love affair for more than two year(2004-2006) we were tied to marriage as per the local custom and tradition(as both of us is ST).But due to problem we got divorced after one year(2007) of marriages as per local custom and tradition.
Now on 2007 she filed a rape case against me.
According to her complaint on 24 0ct.2004 I request her to visit my rented room for helping my ill mother,who has came to my place from my native place for treatment.At first she refused my request but after my constant request she accept my request and come with me to my rented room.As the room was locked she inquiry about my mother which I told her that may be she(mother)is in neighbor house.After sometime in my rented room I approached her for sexual intercourse which she denied and I put her suni in her mouth and rape her and thereafter I warn her of dear consequence if she tell about this to anyone and also promise her to marry him if she kept quiet.
She also accepted that after this incident she also stated to love me.
Accordingly she produced one witness,which happened to be her younger sister(aged about 16 year at the time of incident). According to her younger sister(witness),as her sister(my X-wife) was late to returned shop she visited my place and found that my room was locked from inside and then she peep through window and found that I was putting on my long-pent and zipping long-pent zip and her elder sister was on the side of cot and was wiping.After that she returned to their shop nervously thinking what to do.Thereafter I and her elder sister returned and her elder sister eye was still red.Then she told her elder sister that she know all thing that had happened.Then her elder sister advice her not to tell anyone as I am going to marry her,so accordingly she kept quit.
As all this deposition are fabricated story.What defense i should take as the case is on "DEFENSE WITNESS STAGE".
If possible pliz provide me Supreme Court/High Court judgement similar/related to above fact or which would useful for me to discard the prosecution case.
any other useful advice are most welcome.
THANKS in advanced.
indrajit mukhopadhyay
(Expert) 09 March 2011
From the above facts its clear that she was a major lady and consenting one. This is not hitting any of the provisions of sce.375. put all the facts in your defence plea that she was your ex-wife and after divorce you had had a strong relation with her.If you can accumulate all the defence stories properly there is no chance of substantiating the claim of rape by prosecution. sc has got a lot of ruling regarding the same sort of incident.
Querist :
Anonymous
(Querist) 10 March 2011
@Indrajit Mukhopadhyay JI!!
Thanks for reply and pliz!! provide me some ruling by Supreme Court/ High Court on same incident.
Thank's again.
