Upgrad LLM

rape case


I got engaged to a girl. We roam around in the city but never made physical relations. Now due to family dispute when the engagement got broken , she filed a false rape case against me and on not registering of FIR she has moved to High court for direction to police authorities for registering FIR u/s 376. What should I do ?
 
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Advocate at Uttarakhand High Court.

If the FIR is got registered in the high court so u also need to appoint an advocate on your behalf so that the girl proved wrong and better if u ask the court to get medical test so that u cannot be found guilty after  proving that girl wrong you can also lodge a FIR for Defamation under section 499 of IPC.

Section 499 in The Indian Penal Code

499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace­ful. Illustrations

 
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if the FIR is not registered by police, even after the complaint. 
Then Collect the closure report made by the Police. This will a key piece of evidence in your favour.

She might have filed a Writ of mandamus u/s 226 if High court, asking HC to direct police to investigate. 
The Public prosecutor will be representing the Police, if possible speak with PP and explain your situation and closure of Police FIR

If still FIR goes through, as police have been favorable to you ( by previously closing the case). Ask for 41A CrPC - No arrest is required as for any offence with punishment under 7Y.

Know basic law, it will help you in long run.

 


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p

1. Try to get Anticipatory bail fast (Rather tomorrow itself)

2. Professional consultancy required in this matter . IPC 376 may be weak case against you , medical report of victim and accused will reveal the truth BUT THERE ARE OTHER SECTIONS IN IPC WHICH WILL BE USED AGAINST YOU WHOSE LIST IS LONG , which will be harassment against you a lot . 

3. You can contact me on personally if you desire so. 

 
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