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ovais khan (software)     05 September 2011

376 draconian for male

I met a psychic 30 + girl on jeevansaathi.com a matrimonial website.when i said NO to her,i was framed by her and she started blackmailing me that marry me else i will File FIR

psychic girl under 376 for s*xual harassment. there is no proof of s*xual relations, only she talks non sense and she has multiple s*xual.relations with males. She filed FIR against me in 376IPC. FIR was filed 50 days after the complaint.

. I got anticipatory bail from sessions court for charges in 376.now girl threatening me that she will get it cancelled in High court..is it possible..wht is the procedure.please guide me.I have undergone medical and all formalities at Police station.

I/O has not filed the chargesheet yet.Please guide me what is the procedure now.



Learning

 9 Replies

Democratic Indian (n/a)     05 September 2011

If you said that you will marry her and then even if done consensual s*xual intercourse with her, you maybe into trouble.

Saurabh..V (Law Consultant)     05 September 2011

I met a psychic 30 + girl on jeevansaathi.com a matrimonial website.

Do you have any legal proof to show she in mentally instable? Remember there is a difference between medical insanity and legal insanity. Is she is legally insane it would be more trouble for you.

 

when i said NO to her,i was framed by her and she started blackmailing me that marry me else i will File FIR

 

On what grounds did she filed FIR? Did you promised to marry her and then backed out?

 

psychic girl under 376 for s*xual harassment. there is no proof of s*xual relations, only she talks non sense and she has multiple s*xual.relations with males. She filed FIR against me in 376IPC.

 

When there is no proof of s*xual contact then she must have cooked some story. So just relax and immediately gather evidences to show opposite of her complaint. She must have said in the FIR that you met her and has s*x with her. If you can show that you didn't met her at all, you are out of it. You got to have patience on this case. It might take 2-3yr before this case is over. But you have to be strong.

 

FIR was filed 50 days after the complaint.

 

50days delay means what? Means after the alleged s*xual encounter?

 

I got anticipatory bail from sessions court for charges in 376.now girl threatening me that she will get it cancelled in High court..is it possible..wht is the procedure.please guide me.

 

No. Once the bail is granted it is almost impossibleto cancel it. Also if there has to be cancellation, it would be on the grounds that you violated conditions of the bail, like you threatened the complainant, met her to promise her something after getting bail or something alike. You can refer to the order copy for exact conditions imposed. But keep in mind that cancelling a granted bail is more difficult than rejecting the bail itself.

 

I have undergone medical and all formalities at Police station. I/O has not filed the chargesheet yet.Please guide me what is the procedure now.

 

You have have to wait and watch. Just keep vigil on whatever evidence you can collect to prove your point. Also if possible them contact the I/O and hand-over your material in a legal proccess. You should have a receipt signature from I/O for whatever evidence you hand-over. BUT please do not hand-over anything private which might alert the complainant or goes againt you.

 

You should understand that if you had an intention to marry that is how you met on jeevansaathi.com. But that does not make any promise unless the girl cannot show it in proofs like chat transcriptts, sms or call recording etc. Also she would be required to prove her point that you ahd s*x with her. If you did had s*x with her, then you should tell truth in court and get out of trouble in cleaner manner. If you tell the court that you did not had s*x but if there are proofs in contrary, then you are nailed.

 

For decided cases on such matter you may refer to below Supreme Court cases:

- Uday v/s State of Karnataka

- Dilip v/s State

- Pradeep v/s State of Bihar

 

There are many other cases in this issue which would help you understand the law better.

 

 

 

All the best!!

 

//peace

/Saurabh..V

dev kapoor (Honorary Secretary)     05 September 2011

We have no raddar or other equippment to know the truth.But since your qn is regarding cancellation of bail (anticipatory bail in your case),suffice it to say that law of cancellationof bail is like cracking a hard nut.It is difficult to grant bail, but it is hard to cancell it unless the recognized conditions are met with.So you have little to bother about.

dev kapoor (Honorary Secretary)     05 September 2011

In case Uday vs. State of Karnataka reported in 2003 (2) Scales 329, the Hon‟ble Supreme Court, inter alia, observed as under:

"it needs to be clarified that a representation deliberately made by the accused with a view to elicit the assent of the victim without having the intention orinclination to marry her, will vitiate the consent. If on the facts it is established that at the very inception of the making of promise, the accused did not really entertain the intention of marrying her and the promise to marry held out by him was a mere hoax, the consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 Clause secondly."

If facts of your case match this one,things are not going to be smooth anymore.Seek advice of a good lawyer !

ovais khan (software)     06 September 2011

Hi Sourabh

Thanks a lot for your replies..

here are some more points :

yes she is filing FIR that i promised to marry her . on the contrary she has no written proofs,no chats where i said that i will marry her.There is no proof of s*xual relations.

i cant tell that i never  met her because she has one public gathering pic where 6 people are sitting.

 

There are no condition in AB except that i will coperate with IO in Investigations. I have met IO many times and have written signed proof of the notices when i went to police station.

 

this girl has really gone crazy..May GOD help me and my family..why there is no law in india for women who falsely implicate boys in wrong 376 and 498 cases...

Saurabh..V (Law Consultant)     06 September 2011

@Author

 

See my replies below:

 

yes she is filing FIR that i promised to marry her . on the contrary she has no written proofs,no chats where i said that i will marry her.There is no proof of s*xual relations.

 

If the above statement is true then also you need to collect evidence to prove your point. Though I agree your case is like "a soft cake to eat" still your efforts could help you come out clean and even the girl could be punished for filing false case.

 

i cant tell that i never met her because she has one public gathering pic where 6 people are sitting.

 

Meeting and getting together does not mean s*x. So this pic or any proof that you were together would not help her at all. This case is not about meeting her but raping her. So be confident that she has no proof of your promise and s*x. This is a burdon which complainant / prosecution would have to discharge that there was a s*xual contact with you. It doesnt matter if you both are not virgins.

 

There are no condition in AB except that i will coperate with IO in Investigations. I have met IO many times and have written signed proof of the notices when i went to police station.

 

This will help you show the High Court that you have been cooperating with I/O and investigation and also you did not threatened the complainant and neither you hampered the process of investigation. You bail cancellation is next to impossible unless you don't so something stupid!!

 

@dev kapoor

 

I agree with you 100%. I'd like to add that while stating these lines, the Apex Court also ruled that there is no "straight-jacket formula" for such cases and that every case has to be dealt on its own peculiar fact and merits".

 

However, I differ with these views. I've been explaining these circumstances and such cases on this forum since a long while and I do not know how you interpret S.376IPC r/w S.90IPC.... If you need some clarification then you can refer to the origin of such "misrepresentation" from English Cases. One was related to a "Teacher" and another was related to a "Doctor". These two cases tells what actually is meant by "misrepresentation of fact". In India, judges have interpreted emotionally rather legally. But as an honor and constitutional powers, lower courts are bound to follow the same. Yet, as per my interpretation, I do not find such cases made out at all.

 

While such cases are registered I feel sorry for the state of affairs in the court in India. It shows that judge's personal emotions plays more than 40% of the part of the judgment than 100% law. Would you support a case where a murder has been committed but goes un-reported? Can we say that murder did not happened at all? It was murder everytime however in "promise of marriage" the same act becomes rape only if the boy do not marry the girl!! How rubbish! How the same act of pleasure enjoyed by both be allowed to be converted to rape? Isn't it an insult to other rape victims who have gone through the trauma of real rape?

 

Moreover, the legislature also did not intended make any such law ever. It is apparent from S.493IPC and S.375IPC. A thorough reading would show that almost every case has been covered and nothing is left out. Yet the crux of these sections says that "unless the girl is not forced mentally or physically, to indulge into s*x, it cannot be called rape". Can you say a girl could be forced over 15times into s*x within 4-5 months? I cited a practical example earlier about a child. Try telling a lie to a kid of 5yr age to make him/her a work he/she hates. He might get caught in your tricks for 1st or 2nd or at most 3rd time. But beyond that he/she would not allow to you to fool him on the name of chocolate. So conclusively if a 5yr old could not be fooled, then how could a 25yr old grown up adult girl be fooled?

 

Choice is ours! Do we want harmony in the society or we want crooked and wicked females to file more false cases even before marriage? If such cases are allowed to continue then any girl can forcefully marry any boy of her choice then take is hard-earned money and get divorce and live happily ever after. I think this was never the intention of legislature to allow legal terrorism. Think about it !

 

//peace

/Saurabh..V

Jatin Sapra 9312223345,Delhi (Advocate)     06 September 2011

Hello,

First of all i would like to request administrator of this site to monitor replies given in this forum.

Mr. Sourabh has given so lengthy replies but all can not be considered at this stage so all in vain or can be cosidered at the stage of Final Arguments of quashing of the FIR.

Ur query is can ur anticipatory Bail granted by Sessions can be cancelled So how come merits of the case come into picture.

She can file Application for cancelation of bail under section 439(2) Cr.P.C but there are certain conditions for that like you are threatening witnesses or tempering with evidence etc..I specificaly say  merits of matter or bail won't be consider in this so. rest assured. 

1 Like

Zeeshan (Hidden)     07 September 2011

Originally posted by :Jatin Sapra 9312223345,Delhi
"
Hello,

First of all i would like to request administrator of this site to monitor replies given in this forum.

Mr. Sourabh has given so lengthy replies but all can not be considered at this stage so all in vain or can be cosidered at the stage of Final Arguments of quashing of the FIR.

Ur query is can ur anticipatory Bail granted by Sessions can be cancelled So how come merits of the case come into picture.

She can file Application for cancelation of bail under section 439(2) Cr.P.C but there are certain conditions for that like you are threatening witnesses or tempering with evidence etc..I specificaly say  merits of matter or bail won't be consider in this so. rest assured. 
"

Mr. jatin is right.  Just give to-the-point answer of to-the-point questions. Enough.

Saurabh..V (Law Consultant)     07 September 2011

@Jatin

 

I'm still a student and as your status suggests you are already practicing advocate. I would appreciate if you could throw some light on my below questions:

 

What are the fundamentals for granting bail?

 

In my view following are the points to be seen by the judge while granting bail or anticipatory bail:

- Gravity of the offence alleged

- Seriousness of allegations

- Chances of accused fleeing away

- Chances of accused tampering with evidence and threatening complainant or witnesses

 

Now what would the accused say in bail application if he/she would not show the court that there are compelling reasons to believe the version of defence and give relief?

 

Also please clarify if the accused is not to fight the case on merits what is the alternative?

 

Moreover, this forum is not for single line replies. I personally hate them. If someone can spare time to reply in detail to give information to the Author of the post, then why not? Educating the Author is not permissible? Or it reduces the chances of advocates fooling their clients because the client is well informed about the law point?

 

If someone does not like to debate or go into detail, then such person should not pursue law at all. Discussion and well considered view points are the basics of law......

 

//peace

/Saurabh..V


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