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Nitin (marketting manager)     02 July 2015

An affair before 18 years can now to termed as rape?

Hello experts,

   one of my client has a situation that he had an affair with a woment [Married] before 18years

now that women is threatning him with Rape ,can this case stand is court of law?? is this case really valid in the court of law??

Thanks,

Nitin.



Learning

 20 Replies

saravanan s (legal advisor)     02 July 2015

she can file rape case on you even now after 18 years but she need to justify the reasons for the inordinate delay in reporting the case and if not it will create doubts in the allegations  made

Adv k . mahesh (advocate)     02 July 2015

if she has to prove with evidence in the court for the allegation which was taken place before 18 years before her marriage and foremost she should think about her present and future marriage will effect.

 


(Guest)

Digging the past only bones and hastipanjara come out, nothing else.  Better leave it and it is very difficult in court to prove it after 18 years that it was rape and not just s*x.  For rape within 24hours it should be reported to police and FIR registered.  Not after 18 years.

SuperHero (Manager)     02 July 2015

Oh God,

There are some lakhs of pending cases in courts and you want to add one more that may or may not happened 18 years ago...

Advocate Ravinder (Advocate/Attorney)     02 July 2015

Yes, she can file rape case, but she should prove the court that on your constant threats all the while, she did not dare to file a police compliant.  And now with the help of her family membrs filing the case. 

You have not mentioned that since the date of incident you are living together or living seperately.  In case you are living together it is difficult to convince the court to prove that it is rape. 

Nitin (marketting manager)     02 July 2015

She has been staying in the same house for 10 years and then she moved to a new house [Next to the old house] past 8 years, and so far the relation is good 

they both were thinking its a past ,but recently that lady is flaring up and threatning after reading all the media etc etc.

so just want to know if its a valid case at all.

Nitin.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     03 July 2015

Dear Mr. Nitin

                           AS PER THE INFORMATION PROVIDED BY YOU, BOTH WERE LIVING IN THE SAME HOUSE WITHOUT GETTING MARRIED. I WANT YOUR CONFIRMATION THAT THE WOMAN WAS MARRIED OR NOT WHEN YOU BOTH WERE LIVING IN THE SAME HOUSE. IN SUCH A CASE DID THE WOMAN'S HUSBAND DESERTED HER AND SHE WAS LIVING WITH YOU DURING THAT PERIOD. THE NEXT IS , NOW THE HUSBAND HAD JOINED HER OR NOT . WHETHER BOTH THE WOMAN AND HER HUSBAND ARE LIVING TOGETHER NOW. 

AS PER LAW , YOU HAVING KNOWN THAT THE WOMAN IS MARRIED AND LIVING SEPAETLY , YOU EXPLOITED THAT OPPORTUNITY TO YOUR FAVOUR AND YOU HAD LIVED WITH HER AND HAD RELATIONSHIP WITH HER. ANY PERSON KNOWING FULLY WELL THAT A WOMAN IS MARRIED AND HAVE RELATIONSHIP WITH HER WITH OR WITHOUT THE KNOWLEDGE OF HER HUSBAND , YOU ARE LIABLE TO BE PUNISHED UP TO SEVEN YEARS IN JAIL IF THAT WOMAN'S HUSBAND LODGES A COMPLAINT AND IS IN A POSITION TO PROOVE THAT CASE . ANYWAY THE WOMAN'S HUSBAND CAN LODGE A COMPLAINT TO THE POLICE AND HARASS YOU EVEN THAT MAN DID NOT HAVE ANY EVIDENCE , THE ONLY EVIDENCE BEING HIS WIFE. YOU CANNOT SAY THAT YOU HAD THAT RELATIONSHIP WITH THE CONSENT OF THAT WOMAN. THERE IS NO BAR ON SUCH TYPE OF CRIMINAL CASES EVEN IF SUCH CASES ARE FILED BELATEDLY-JOSEPH WILFRED- 03/07/2015 AT 01:52 HRS 

Nitin (marketting manager)     03 July 2015

We both are staying in the same house when the affair happened and her husband is also staying in the same house.

Nitin

Biswanath Roy (Advocate)     03 July 2015

There is no case.

Advocate Ravinder (Advocate/Attorney)     03 July 2015

I completely agree with Biswanath Roy sir.

In the light of the clarification you had given that you both are living together for many years, there is no case at all.  Because, since the girl is living with you since long years, it is deemed that she volountarily execused you and your illegal act happened on her and she adjusted with you.  It is deemed that she do not want to give police complaint or any complaint against you.  Still if she files criminal case, you can take the above grounds as a defense. 

Adv. Chandrasekhar (Advocate)     03 July 2015

The rape case does not survive on the simple ground that it is not just belated but crossed the statutory period in which she can file complaint u/s. 376 IPC.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     04 July 2015

Dear Mr. ROY

                           ALTHOUGH I AGREE WITH YOU PARTIALLY, THE HUSBAND OF THAT LADY CAN TAKE THE STAND THAT THEY HAD ALLOWED HIM TO STAY IN THE HOUSE " ONLY AS   A PAYING GUEST " DURING THAT PERIOD BUT THE HUSAND DID NOT KNOW THE HAPPENINGS IN THE HOUSE SO LONG AS THAT MAN WAS STAYING AS A PAYING GUEST IN THEIR HOUSE. ONLY AFTER HE LEFT THE HOUSE HIS WIFE HAD THE COURAGE TO TELL HER HUSBAND THAT THE MAN WAS EXPLOITING HER BY SUCH KINDS OF RELATIONSHIPS AND HAD THREATENED HER THAT HE WOULD KILL HER IF SHE EXPOSES THE RELATIONSHIP TO HER HUSBAND. EVEN AFTER HE LEFT THE HOUSE ,SINCE HE WAS STAYING ONLY NEARBY HE WAS THREATENING HER IN THE SAME MANNER WHEN THAT MAN WAS IN THE HOUSE AS A PAYING GUEST. EVEN IF THE CASE CANNOT STAND THE SCRUTINY OF LAW, BOTH THE HUSBAND AND THE WIFE WITH THE HELP OF THE POLICE CAN HARASS THAT PERSON FOR EXTRACTING MONEY. IN SUCH A CASE THAT PERSON HAD TO FIGHT THAT CASE ONLY INE THE APPROPRIATE COURT. BUT THE RAPE CASE CANNOT BE FOISTED IN SUCH TYPE OF MATTER - JOSEPH WILFRED - 04/07/2015 AT 20:26 HRS.

Biswanath Roy (Advocate)     04 July 2015

DEAR MR. WILFRED, 

I FEEL IT A PLEASURE TO TAKE PART IN EXCHANGING OUR VIEWS IN THIS PLATFORM.

HARASSMENT CAN BE MADE BY ANYBODY AT ANY TIME GIVING FALSE ALLEGATION AGAINST SOMEBODY TO LOWER DOWN HIS PRESTIGE OR CAN SPREAD INSINUATION BUT WE THE EXPERTS ARE CONCERNED TO WEIGH THE MAINTENABILTY OF AN ALLEGATION THAT CAN AFFECT THE AUTHOR AND CAN CAUSE INJURY TO HIM. IN THE PRESENT CASE THERE IS NO SUCH POSSIBILITY AFTER A LAPSE OF CONSIDERABLE PERIOD.

T. Kalaiselvan, Advocate (Advocate)     05 July 2015

I fully agree with the views and opinions of senior learned counsel respected Roy Sir in this regard.

There is no maintainability in the complaint being very badly barred by limitation  even if the complaint is drafted cleverly and cunningly.


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