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vic (working professional)     18 July 2013

Is this rape under pretext of marriage?

Dear Experts,

I am writing here the series of events and want to know, if it amounts to rape?

1.) A girl and guy(both living in different cities) come in contact through matrimonial website.Both start liking each other and meet up at girl's place to see, if they wish to proceed ahead for marriage.

2.) The girl takes boy to her place and they get physically involved,though no intercourse takes place.

3.) The girl again call the guy to meet up and they again indulge in physical relations not involving intercourse.

4.) Due to some issues at the girl's side, her parents refuse to marry and scold the guy and threaten him without meeting him.

5.) The girl says that she will convince her parents and finally things will get sorted out.

6.) After this incidence, 4-5 times girl visits boy's place, where she knows that boy lives alone and has consensual s*x with her.Boy also visits girls place and both have consensual s*x.

7.) After 6 months, girls parents comes to know that both of them are meeting and decide to meet the boy and finally decide to get both of them married.

8.) Tensions crop up after girl's parents ask to include their daughter's name in property of boy.somehow, it gets subsided, then, a function is organised at girl's place, but due to ailing condition of boy's mother and reservation not getting cleared, they inform that they couldn't come. This lead to extreme threatning from girl's family(here threatning calls are tapped).

9.) Somehow boy and his father reaches girl's place but no ceremony takes place,just talks go on.

10.) These threatnings disturb boy and he decides not to marry the girl as this may continue in future and may even get boy and his family land into jail due to 498(a). 

11.) Boy clears his intention of not marrying.Girl tells her family about physical relations and they start threatning that boy raped the girl. Did s*xual exploitation with the girl.

12.) Last time the, s*xual relation took place between boy and girl was 4 months back.



Learning

 7 Replies

Manish Udar (www.Mehnat.IN)     19 July 2013

no, this is not rape.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2013

Dear Sir,


It's not rape because Section 90 of IPC defines consent and reading section 90 with section 375 it would by no strech of imagination could amount to rape.

Kindly refer Dilip Singh Vs state of Bihar ( Landmark judgement on this issue only)

 

Advocate Kapil Chandna

+91-9911218741

vic (working professional)     19 July 2013

Thanks to both of you. Also, i want to know few more things:

1.) If it is known that at the time of act, girl's age is 27 years and she is well qualified working in big organization , won't the police before filing FIR ask for the reasons of delay in filing such complaint?

2.) Also, can it be proven through medical examination that rape was committed 4 months back, though it was a consensual act?

3.) And in this case, there has been time, when through mail/chats/calls girl has accepted that she loved the guy and the time, she spent with guy were some of the best days of her life.She has been enjoying and roaming in photos with the guy at many places. Has taken expensive gifts through the relationship.Also, the girl has refused and persuaded boy not to marry at times(Call records available for this), when she felt that it wasn't working for her or she expected some better alliance.Girl's mother has threatened guy's family(call's for this recorded as well).

Will these facts be taken into consideration while bail is applied in such cases(If the complaint is lodged). 

Sudhir Kumar, Advocate (Advocate)     19 July 2013

may describe in whatever words are there.  the s*x took place on the promise of marriage.

vic (working professional)     19 July 2013

@ Sudhir sir,

The promise to marry was broken from girl's parents side and also from girl's side. Does this still amount to rape?

Also, is there only one option left for boy to accept all the conditions of her parents and get married or is there some other option available?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2013

Dear Sir,


Delay in fir affects the mind of the judge, however there has been a renowned judgement wherein it is cleraly stated by Hon'ble SC that delay in filing FIR would not per be considered bad ( Gurmeet Singh V state of punjab)

Next is medical evidence which can just mention about the s*xual intercourse and more particluarly, since in your case it is consesual there would not be any marks of fight on the body as 4 months has already been passed.

Since you have spend good time togather, it is quite natural that therewould some photographs of you togather. No need to worry if you are right.


Advocate Kapil Chandna

+91/9911218741

Mahendra Pratap Singh (advocate)     19 July 2013

no its not rape ,s*x is by matual consent.


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