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

Page no : 2

SAINATH DEVALLA (LEGAL CONSULTANT)     16 April 2015

Dear experts shall we stick on to the original query, we are deviating from it.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 April 2015

There is another section in this forum where only qualified legal experts are allowed to respond. Anyone who has a legal problem and wants legal advice can post his/her query in that section. Here it is an open forum. Those who respond here need not be legally qualified. Those who are legally qualified can give objective advice and limit themselves to such objective advice. But here the original post can be a trigger to start a debate on the subject. Only thing is that one should not deviate from the subject. There is no need for “Objection my Lord” here. Can a man singlehandedly overcome a reasonably strong woman and rape her? This is a subject widely debated. The answer is both yes and no? Various factors are involved. I read the French story in a book on the subject. Actually after narrating the story the author was saying that the French judge was wrong. The author said that attempting s*xual intercourse was not similar to snatching something. In the former, nature softens the woman and reduces her ability to resist In the seventies of the last century there were two criminals known as Billa and Ranga. There were many stories surrounding them. They successfully evaded the police for several years. They kidnapped a teen-aged brother-sister duo called Sanjay and Geeta Chopra in Delhi. Both of them were killed. Geeta was raped before killing. Subsequently they were caught by passengers in a train by chance and handed over to the Police. They were tried and hanged. Their modus operandi was like this. Mostly they operated in Mumbai. Late night they will hijack a taxi forcibly throwing out the driver. Then they will post themselves near a cinema hall just before the last show was to end. When people come out after the show, they will look for families with young women. The family will unsuspectingly hire the taxi. After driving up to a place, where there is no one, they will threaten and throw out the males. Then going further to a secluded place they will rape the women. After that they will again pose like taxi and drop the women at their residences. After their conviction when they were in jail awaiting execution, a woman journalist interviewed them and reported. The report extensively covered their criminal activities. They used to dress well like college boys, target a girl and loiter around her residence. When she comes out one of them will pick up conversation and win her ‘love’. In due course they will take her and rape her. They used to target simultaneously several girls. The story after film show was also in the same report. They never used force against the women. They will detain the women and not allow them to go away. The women knew what they wanted and yielded when they realized that they could not escape. During intercourse some used to ask them “why are you doing this, does this give you enjoyment?”. The intercourse will create a temporary ‘love’. They will become friendly and the criminals will teach them how to explain themselves after reaching home. Please do not get angry with me. I have only reported here what report I read and nothing of my own.

SAINATH DEVALLA (LEGAL CONSULTANT)     16 April 2015

Nothing more to respond for this query

CompelledToLearnLaw (Financial Examiner)     16 April 2015

Adv. Chandrasekhar ji has a point. A lot of genuine rape cases go unreported by victims because they fear a backlash from the society.

 

Dr. Ramani ji, taking a woman hostage and holding her in captivity in order to have s*x with her, is a cave-man mentality. I do not think the women were having a lot of fun when they were kept away from their families and humiliated. The girls and their families probably suffered a life-long mental agony due to their tarnished image in the society, due to the loss of virginity, maybe due to unwanted pregnancy, and maybe due to having been infected with s*xually transmitted diseases.

 

To the original author: if this was a one time incident and ur wife was unwillingly overpowered by her friend, then, it’s a rape. But if ur wife kept on having a physical relationship with him after this incident, then, ur wife’s initial refusal was just a playful modesty and it’s not rape. When a couple has a healthy s*xual relationship with each other, one incident of insisted-intercourse should not be considered a rape in my opinion. But regardless of whether the rape happened or not, if ur wife is a good actor and decides to accuse him, I doubt even the President can bail him out before he spends three months in jail. With almost no evidence except ur wife’s oral complaint, the law will allow u to rape his reputation, take away his freedom, and break him financially.

 

Due to a few barbaric men, the rest of us have to suffer because their animal behaviour gives the government a licence to even examine the legality of s*x acts of long-term s*x-partners and a licence to ruin their reputation:

https://www.nytimes.com/aponline/2015/04/07/us/ap-us-nursing-home-assault.html

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 April 2015

@Compelled to learn- I think you are referring to what I wrote about Billa and Ranga. What I gave was only what I saw reported. I had not given any opinion. You can tell a criminal that he has cave-man mentality. He may not even understand the meaning of what you say.

sunny   21 April 2015

Case has been filed. Will keep posted

AYAN (WEB DEVOLOPER)     30 September 2015

Are you telling the truth?

AYAN (WEB DEVOLOPER)     30 September 2015

Mr. Sunny 

Are you telling the truth?

Why do your wife suddenly confessed it now?

If it is true then you should proceed.

But if it is not true then please don't spoil an innocent person's life.

 

AYAN (WEB DEVOLOPER)     30 September 2015

If  it is not true then the person can file a defamation case and demand a huge damarage from you.

AYAN (WEB DEVOLOPER)     30 September 2015

in some situation If a woman enjoys s*x then she will never tell about her s*x experience.

But when she will NOT enjoy it she may shout "RAPE" .

So it is very difficult for a judge to give decision.

There are different types of women. Many are good and many are bad.

So it is very difficult for a judge to give decision.

 

 

AYAN (WEB DEVOLOPER)     30 September 2015

Conversation recording is offence in India.

Only police can record conversation by phone tapping if  the permission of designated authority(Court) is granted.

court gives permission to the Police only in the case of terrorism.

AYAN (WEB DEVOLOPER)     02 October 2015

in some situation some women enjoys s*x and  never tells about their s*x experience.

But when they do not enjoy it anymore they may shout "RAPE" .

So it is very difficult for a judge to give decision.

There are different types of women. Many are good and many are bad.

So it is very difficult for a judge to give decision.

 

 

exorbitant (xyz)     07 October 2015

It seems you both husband and wife are trying to falsely implicate an innocent person and creating evedence to prove your case. I don't know what is your motive behind this accusation but it is clearly evident from the story what you narrated above that there is no single evidence of forceful act as the person was burnt and your wife was at his place with her own will. If it is a matter of consentul s*x then it cannot be termed as rape.


(Guest)

The rapes aregoing on silently in Indian homes, specially rural homes. Even fatherin law raping duaghthrein law in absenceof his son.

There are umpteen cases of devarbhabhi affir that can easily be called rapes. Child girls (minors) are fondles and raped almost regularly in many homes by her male relatives like cousins, mama,chacha.We have been rported several such incidents and we got several sureveys conducted through girls studnets of first year law in NLUs during summer internship with us.

Son what to do?

Why this lady tolerated? Why she went to his home that too in night and when the weather was foul. She could haveaccompanied some one and he/she should haveremained with her

It was perfect seting for implied consent on part of this girl and the man took advanatage.

By keeping quiet for so long and hiding the incident during allinace which is  normally done by girls parents for her future, it is kind of condocnation of rape

But now quesiton arises. Can rape be condoend? No. It is non compoundable offense.

Will the gilr who dropped heratthis mans residence give evidence that she did that?

Crimes can be booked even afterdecade when they cme to light.

The only problem is that there wont be any medical reprot now availbale and hence the case is very weak.

Most likely there will be acquittal if at all polcie acts.

Meet the SSP of area where you live and explain with written complaint.

I think as a cnsultant social worker that by expressing this incident your wife has vented off her suppressed guilt and in true spirit of a understanding husband you should forgive and she should now forget.

My hats off to this lady for finally coming out of her suppressed guilt and confession.


(Guest)

Exorbitant. You should  not talk when you dont know law or psychology. Even a s*x inducing someone or making falkse promises is also rape. Taking advnatge of a odd situation like the one in which girl was trapped, can easily be contrued as planned s*x and hence rape on part of boy. The boy will have to produce docuements or evdiencethat he was burnt. Did they go to hspaitl that night? Please dont wrongly advise with your half wisdom


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