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seema sharma ( manager)     27 January 2012

Falsae rape accusation

if a colleague /junior of some official had had intercourse many times in previous years with her consent , and they both visited out of Delhi and stayed there in Hotel for the purpose.

Now as they are breaking up , Is there a chance if she threatning to him that she will going to file RAPE complaint against him.

If she do so, what is the process in this case.Whether Mr. Officer is going to be arrested or what will happen in this matter.There are chances that they have never gone physical and she is just lying to blackmail.

What are the remedies available to accused as there may be  proof of Hotel records that they both went to Hotel  and stayed, but whatever they did , did by consent.

please advice in this type of situatrions.



Learning

 5 Replies

Sanjeev (Lawyer)     27 January 2012

If the FIR is registered by the lady that will result in immediate arrest of the accused and he will have to seek bail. The process after bail would be submission of chargesheet by the police and then commencement of trial.

N.K.Assumi (Advocate)     27 January 2012

If she is below the age of consent yes Rape case, if not, NO she can not. Preserved those hotel records. Nothing to worry.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 January 2012

It has to be shown that the intercourse which happened was with consent by the accused.

 

Though this is a henious crime, but the accused can still get AB, if he has ample proofs.

 

 

Regards,

 

Shnee Kapoor

harassed.by.498a@gmail.com

lingraj maradi (advocate)     27 January 2012

yes there is chance of arrest for that you can get Anticipatary Bail before Sessions Court..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 January 2012

Dear Seema Sharma if the girl give threat to file false case against him, first of all get the AB if applicable in your state.

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