Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sunny   26 March 2015

Can rape charge be filed after 2 years? help please.

Hello everybody,

Greetings. 

I am faced with an extremely peculiar situation and I need everybody's guidance on how to resolve this. My wife for the last few months was constantly under depression and always told me that there is something she wanted to confess to me. And she told that she was once raped by a friend of her 2 years back.

She was staying alone in PG that time and was working. One night this friend of hers called her saying he has burnt his hand badly and he need to go to hospital and it will be great if she can accompany him. My wife been a good soul went. She went with a colleague of hers who dropped her to this friend's house and left. The weather was extremely bad that day. She had to take shelter in this friend's flat. And she was raped.

She kept quiet due to ovious reasons. Social stigma, humiliation, police etc made her keep quiet. 

Now yesterday when she confessed to me i asked her to confront this person who has done this crime on her. Initially she started talking to him on whatsapp. When she told about the rape thing and how he devasted her life he stoped responding and blocked her. All messages are saved.

Then she called him up and told why he spoiiled her life. He first asked her why she is bringing up this issue after 2 years. When my wife mentioned "rape" he didnt deny it outright and instead fumbled a bit and told "what has he done"?. Then when wife kept asking him why has he done this he disconnected the phone. The call recording is there.

If my wife files a complaint what are her chances? I love my wife a lot and I respect her because she has told me the truth despite knowing this can spoil her marriage. 

Please help my wife to get justice. I know she has come up very late but isn't there some rule which will help my wife? The person who has raped my wife 2 years back recently got married.

Please help my wife. God bless you all

Regards

Sunny



Learning

 29 Replies

Adv. Chandrasekhar (Advocate)     26 March 2015

The difficulty in your case is not the delay in filing rape case against that person.  The dealy can be explained to the court.  But the difficulty is to prove the charge beyond reasonable doubt, because the evidence you put herein is insufficient to prove such grave charge.

sunny   26 March 2015

Thanks Sir for your reply. So what to do in this case? Is there no recourse available to my wife. Please guide.

Sudhir Kumar, Advocate (Advocate)     28 March 2015

agreed with Mr Chandershakhar.  No practical solution seems forthcoming.

 

Anyway the person who hears the recording can comment better on the feasibility.

renuverma (advocate)     09 April 2015

After two years it will be extremely difficult to prove the rape, though it has been confessed by the culprit, it will have to be re established before hon'ble courts as in such grave matters the evidence are very minutely scrutinized.

Nonetheless you must consult an advocate and file the complaint, atleast bring the fact before the society at large and humiliate the culprit. Try collecting all other evidences, like had ur wife gone for any medical examination/treatment at that point of time, or complaint or disclosed the facts to some one else also, who could come up as witness

though it is a little more difficult in this case to prove the guilt, still let your advocate analyse your set of evidences, maybe there is something which can be of help.

Adv. Chandrasekhar (Advocate)     10 April 2015

I absolutely agree with Adv.Renuverma. And also take your wife for counselling as it is required in the case of rape victims.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2015

If what U are saying  and what UR wife has revealed is true I feel sorry for the pathetic situation U R in. But one thing I want to ask her is why she has told U after 2 years .If .that incident really did happen she should have told U prior tothe marriage.She revealed only after she went into a depression. Something vital is missing in the query. Let us keep aside the legal aspects, I would find fault with U also for asking her to go for conversations on Whatsapp or something else.I don't think that will have any legal binding.  The whole scenario U have mentioned makes me feel is artificial.( thats my opinion only).

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 April 2015

What will you achieve by instituting a case after 2 years? You as a husband has accepted her and there is no damage to your marriage. If at a place there are only a man and a woman and they have s*xual intercourse the line that separates consensual s*x from rape is very thin. There is a story of a rape case in a French court. A woman accused a man of raping her and went to court. The man admitted in the court that they had s*xual relations. But he claimed that it was consensual. The judge decided that it was a case of rape and ordered the man to pay the woman a certain amount as compensation. The man paid the amount. Then the judge asked the man to forcibly take back the money from the woman. The man tried but failed. The judge then ruled if the woman could protect the money then she could have protected her chastity also if she was not willing. He asked the woman to return the money and dismissed her case. As your wife has disclosed to you what happened to her two years back and you have condoned the incident, now you forget everything and lead a peaceful life. Sex is not always something that a man does to a woman.

SAINATH DEVALLA (LEGAL CONSULTANT)     14 April 2015

Very good example by  DR.Ramani. Still U are not comming out with  true facts my dear querist

Adv. Chandrasekhar (Advocate)     14 April 2015

No wonder in a country where Dr. Ramani lives Nirbhayas are raped and murdered by travelling with her boy friend at evening hour of 9 p.m. and 6 year Gudia is molested and recently Huber driver raped the call centre employee. In thelast case, she also filed monetary compensation in US court. If Dr. Ramani's logic would be taken as correct, then the u.s. judge should attempt what French judge had done and declare Huber company and driver Yadav innocent. Shame on us to talk about rape in such a silly way.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 April 2015

Those who raped Nirbhaya were not her friends. 6 year old Gudia was a not only a minor but a small child. Uber taxi driver was not friend of his victim either. Sex, when the woman is under the influence of alcohol is not consensual. Alcohol makes a male aggressive and a woman submissive. The Uber driver knew that. I remember an occasion when I was in service. We colleagues used to travel together in a bus. There were women also. One evening one of our colleagues said that he was giving us party. So all of us got down at his residence. There were the usual things as at any other party. Then the host suddenly opened a bottle of whiskey. Many of the male colleagues accepted the whiskey. The women did not. I also avoided. Then some women told me that they had no objection if I took alcohol. I replied that I did not want to become a K.P.S. Gill. Mr Sunny has not stated whether the friend of his wife had really burnt his hand and whether they went to hospital. Was the weather bad when his wife left her house or did it suddenly become bad when she was about to return. If that rapist friend had called Mr.Sunny’s wife at night and no one else they should have been really friends. In a conservative culture the norm is that a young woman should not put herself into a situation where she is likely to be alone with a male especially overnight. A young man and woman is like cotton and fire. Modern feminists will deny this. But then things happen. If Mr.Sunny or his wife goes to court, many embarrassing questions will be asked. As I already said the line of demarcation between rape and consensual s*x is very thin. If Mr. Sunny is really a liberal person he should not worry whether it was rape or consensual s*x. Why go to court after 2 years and make life miserable for everybody. What Khushboo said is very relevant here.

Sudhir Kumar, Advocate (Advocate)     15 April 2015

the debate goes far from the issue.

CompelledToLearnLaw (Financial Examiner)     15 April 2015

Dr. Ramani ji, I disagree with u that a man cannot overpower a woman. The example u gave earlier of a French Court does not seem like a real story. A sharp person should know that such fabricated stories are abundant.(Courtesy of idle people) U r free to provide a bona fide weblink to that case. Anytime someone tells u such stories or if someone tells u any religious story, always ask them, "where is the evidence?" That French case, allegedly took place in the 1700's. I say allegedly because just like the religious stories, I doubt this story can be corroborated. Physically, men r much stronger than women. Sometimes my wife would jokingly say, "ur words r very sharp and hurtful, I would prefer if u hit me instead, just like other girl's husbands do." And I said to her, "u can't even open the salt container when I close it tight and u want me to hit u with these same hands?" My point is that it's very easy for a healthy man to overpower a healthy woman. If she screams, one strong punch to her face by a violent man, will put a stop to that. But regardless, most of the rape allegations r fabricated. Innocent men suffer in jails and their bails r easily rejected.

 

The original author's story reeks of jealousy and I believe that his wife had consensual s*x with her friend. I think he's just trying to exact revenge on her friend after he caught her communicating with the same friend. His wife may have told him lies too after she got caught red handed.(This is the feeling I have and it's backed by no hard facts)

Sudhir Kumar, Advocate (Advocate)     15 April 2015

the debate goes far from the issue.

Adv. Chandrasekhar (Advocate)     15 April 2015

One and half month back, in Tihar Jail complaint box in women cell, an anonymous complaint was dropped describing that women prisoners are being regularly raped by jail authorities. Last year, in Rohtak, reported that from Nari Niketan women were being forcefully sent to meet the lechrous needs of the higher-ups. In our society, rape victims are looked suspiciously both by women and men. The society creates such an impression that the rape victim is lacking something (obliquely modesty) that is why she has become target. To save herself from such humiliation, the rape victim doesn't dare to complain against her predator. Hence, several rape cases, particularly incestuous rape cases are unreported. It is rightly pointed out that in trial, she will be repeatedly verbally raped by insensitive defence counsel in the name of protecting his client's interest. By the way, you ask your mother, wife, sister, daughter, grand daughter that at any time anyone tried to take advantage of her or teased or molested. If they have no inhibition with you or close enough with you, they tell the truth and it will be a shocking one. (Last response)

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