376 ipc
Jolly James 9447287658
(Querist) 30 October 2011
This query is : Resolved
what are the probable defenses in a minor (aged 14 ) rape cases by an auto driver, who is acquainted with parents. They usually hired his auto.Please help me urgent
Shonee Kapoor
(Expert) 30 October 2011
There is no defence, if the penetration happened, it is rape with or without the consent of 14 year old.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 30 October 2011
The girl being a minor one, it is a clear case of rape where no defence is likely to be effective.
Arun Kumar Bhagat
(Expert) 30 October 2011
You have to state here all evidence and copies of medical report to get the correct reply. No straight jacket defense formula. Every case has its own facts, no universal defense procedure can be applied in all cases.
prabhakar singh
(Expert) 30 October 2011
I agree with Mr.Bhagat,unless one examines personally the case diary ,the charge sheet,medical report and circumstances,one can not suggest any defence how highly recognized he may be in the field.
In such cases a blind conviction can be suggested but not any blind defence can be suggested.
Jolly James 9447287658
(Querist) 31 October 2011
Alleged occurrence on 14-10-08,24-10-08 & 28-10-08. Medical check up was conducted on 25-02-09.which shows that Hymen absent, Vagina admit 2 fingers No injuries on Brest or private parts. Accused arrested 24-10-09 no injury on his private parts. Defense case, my wife and de facto complainant and her sister was friends. They usually talk each other, that time de facto complainant said that her period is break. further she added that her cousin X sexually exploited her so she was fearing. my clients wife being a friend of the de facto complainants sister, she said the matter to her. After this incident there was a quarrel bet ween accursed wife and family members of the de facto complainant. in consequence of the incident accused is falsely implicated in rape case. what is your suggestion about defense? In false implication what are the points brought out in cross examination? Please help me
Arun Kumar Bhagat
(Expert) 07 November 2011
From the details provided it appears that there was a consensual sexual relationship and non-application of physical force. It also appears that the victim is habituated of sexual intercourse despite her tender age. Considering the age of the victim i.e.14 years , her consent becomes non-est in the eyes of law.
The defense should be of complete denial of prosecution case and shifting the blame to some other persons unknown to the accused.
