Civil Procedure Code (CPC)

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Krishna Kumar Maddheshiya (student)     11 September 2014

About false rape case

Hi, my friend has been accused of 363, 366, 376. The case is registered on 29/05/2013 He loved a girl who forced him to flee from home to marry. They were in physical intimacy for 1year. The case in on trial. Some main highlights of the case are-

1. Her father submitted class V certificated with DOB 01/01/98. She has CBSE class X marksheet DOB 14/7/97, another sanskrit high school marksheet DOB 14/08/95, pan card DOB 1/1/93. Class v and cbse class x marksheet is attached with chargesheet.

2. Her father stated her age in f.i.r 17 years and gave her class V and CBSE class X marksheet as age proof mentioned above.

3. My friend is physically handicapped.

4. In her 164 Cr.p.c. she has said that my friend used to tell her to marry her and on the day of incident when she was going to school, he met her on his bike and told her to go to visit some place and befooled her to marry and she eloped with him.

5. while she forced him to elope and threatened him to commit suicide.

6. My friend has backup of sent messaged by her, her love letter and some call recordings of incident day.
 By sent messages, letters and call records, it is clear that she herself forced him to elope. In her letter she had admitted that she had physical intimacy with him which she was missing.

So, pleas tell me that can the letters, messages and call records be used against the girl.

Also suggest that what should i do to strengthen my friends case



 15 Replies

LoneFighter (IT)     11 September 2014

With my very limited knowledge, i will try to answer to the extent i know. 

How come it has not come to trial if the case was filed in 2013 may :O It takes so much time to get the case to trial ??

Anyhow, age could be a problem, I read somewhere that doc can actually get the approximate age. Probably you should apply for that test. 

Secondly, if she has that letter written to him, probably rape might not be considered since she is also willing party <again age is a factor here>

The act of eloping with him, if elope is the word she mentioned, then it shows he has intentions to marry her. So not even false promise case.

Other sections are because of age factor. Please get the age certificate from a expert

legaljoe68 (member)     11 September 2014

you have not written about your friends present wherabouts . is he on bail or judicial custody . if you have so many proofs about the girls differnet  age documents get the certified copies of the same . You will get the copies if the same are marked exhibits . Why di'dt you moved high court for QUashing .Now also try for Quashing under section 482 .if the friend is handicapped he is entitled for free legal aid from High court Commitee .The Quality of lawyer from the legal aid is your luck. 

rape cases are filed by some girls in many circumstaces to take revenge . 

consensual s*x does not amount to rape if the girl is major.

this is a common story given by girls where relationships fail 

Krishna Kumar Maddheshiya (student)     12 September 2014

My friend is on bail. Explain the process of qushing. In ossofication test her age is about 20years and In her medical test, she is used to be s*xual relation. No definite opinion about rape can be given. plz assist me..

Sudhir Kumar (Dy Director)     26 October 2014

If the girl is proved to be below 18 then all set of evidence regarding her consent and her forcing and thretening suicide etc are irral;event.

 

Your friends is apparently rightly framed.

Sudhir Kumar (Dy Director)     26 October 2014


By the way has your friend also been allege under Child Marriage Act.  If not he is lucky

Sudhir Kumar (Dy Director)     26 October 2014

repeated

https://www.lawyersclubindia.com/experts/false-rape-allegation-496256.asp

Sudhir Kumar (Dy Director)     26 October 2014

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=108925&offset=1

Sudhir Kumar (Dy Director)     26 October 2014

repeated

https://www.lawyersclubindia.com/experts/Rights-of-accused-497271.asp

Sudhir Kumar (Dy Director)     26 October 2014

repeated

 

https://www.lawyersclubindia.com/experts/false-rape-allegation-496261.asp

Sudhir Kumar (Dy Director)     26 October 2014

repeated

https://www.lawyersclubindia.com/experts/false-rape-allegation-496256.asp

Adv. Chandrasekhar (Advocate)     26 October 2014

The issue depends upon the actual date of offence.  If it is earlier to the amendment Act, then the age of girl's consensus is 16 years and all the certificates are showing she is above 16 years, if he proves that is  consensual s*x,he will be acquitted.  Medical test has no relevance, when abundant certificates are available on the record.

AS   28 October 2014

V important is her age.

You can ask for her medical test if you are sure on her medical age . Dr will perform her Xray of Jaw , ankel, etc etc body parts and will give approximate age based on tests.

If she is above 16 then chances of conviction are low in high court (cant say about session court as session court sometimes convicts person by mistake also)

Now come to consensual part - You must try to proof it

Recently one of my friend from kurukshetra get convicted for 7 years. It was consensual s*x and girl age was 22. We are trying now in high court .

 

Sudhir Kumar (Dy Director)     28 October 2014

But you also sought advise on service matter.  I do not know on which of your nultiple threads.

 

So far you anot replied to my doubts.

Advocate/CS Sanjeev Kataria ( Advocate)     03 January 2015

There are so many aspects which are to be looked into, the very first is if she is below 18 then her consent is immaterial. For DOB, 10th certificate would be considered. for rest of theory, this forum is too short.


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