False promise of marraige
rakhiraj
(Querist) 02 April 2012
This query is : Resolved
please let me know dear all experts,
in false promise of marraige rape case
the during cross examination victim has to prove her versions and there a competent crl. ld. Advocate will toss her versions out resulting into acquittal.
my question is what types of questions can put on cross examination to victim ?
if both the party are major and belongs from good society ?
Nadeem Qureshi
(Expert) 02 April 2012
Dear Rakhiraj
It is depend on case, it can be different case to case, if you have some case knowledge then share with us may be we can give you some questions.
feel free to call
V R SHROFF
(Expert) 02 April 2012
types of questions put on cross examination to victim , Differ from case to case, circumstances and fact,
It is not a standard Questions.
Raj Kumar Makkad
(Expert) 02 April 2012
The approach of the defence counsel shall be rebut the allegations levelled in the charge-sheet and to prove them as motivated, malafide and false so he is free to raise every question connected thereto.
N.K.Assumi
(Expert) 02 April 2012
With due respect to the learned members' view I differ from them. A guy may approach a girl simply to get laid with a false promise or no promise and the girl may connive with his approach and get laid by him and latter on black mail him to marry her, Is this a rape? It is not rape but rather a consensual S*x and not rape.
SAINATH DEVALLA
(Expert) 02 April 2012
Dear Rakhiraj,
Who knows whether it is a false promise or genuine promise to marry.Both of them having sex without marriage,is nothing but rape in the eyes of law.A an can prove that she was raped,but can you prove innocent to the act,unless you are medically examined within the stipulated time frame.
You cannot presume the questions to be put in by the defence.They differ according to the case and cicumstances.The outcome of the case will be decided in cross examination.
SAINATH DEVALLA
(Expert) 02 April 2012
Dear Assumi,
Answering your reply,you need both the hands to give a clap.In my view both the male and female are equally responsible for the happennings.But the female has a slight edge over the male when it is a legal case.
Deepak Nair
(Expert) 02 April 2012
All is the result of indisciplined lifestile of todays.
It is to be noted that, in many cases the girls enjoy such relations, but one on the verge of breakdown, they are afraid of a proper marriage through family due to loss of virginity. Then they raise allegations of promise of marriage.
All those reading this shall consider this as an unbiased view, as my intention is just to speak in support of certain facts.
Adv.R.P.Chugh
(Expert) 02 April 2012
I differ with what Dear Assumi said, obtaining consent for sexual intercourse by giving out a promise of marriage (when the person knows that he is deceiving thereby and has no intentions to marry and also knows that the girl would not have given consent had it not been for his promise) vititates her consent i.e her consent is no good at all. And the offence is rape. This is the cumulative effect of S.90/375 IPC.
Any consent given under misconception of fact is no consent.
This view has been consistenly followed by many high courts.
As regards misuse of the law - I agree that there is a lot of misuse but that is no reason to give law a skewed interpretation.
Adv.R.P.Chugh
(Expert) 02 April 2012
And coming back to the main query - how can anyone tell you what should be there in cross without knowing the chief ?
ajay sethi
(Expert) 02 April 2012
agree with bharat . we have to know what is staed in examination in chief . your lawyer is best guide as to kind of questions that is required to be asked depending upon the complaint , filed , etc
Shonee Kapoor
(Expert) 02 April 2012
Rightly said by Bharat.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
