cpc

false rape accusation


Hello

Please read my query and respond. I am a muslim guy. A b.tech engineer currently unemployed. I was in a relationship with a hindu girl for 2 years(January 2013-March 2015). She was my classmate in college.It started during the final year of our engineering. In the beginning of our relationship I promised to marry her if she became muslim to which she agreed. During the course of 2 years we had gone physical at many occasions. It was consensual each time. After college she got a job in Mumbai and we did not see each other for months. Last time we were intimate was in June, 2014 and never met again. Have been talking on phone and whatsapp and Skype.I started having trust issues because whenever we met I always saw her ex's calls and messages in her phone((90% of the times) to which she said are a coincidence and completely denied that she talks to him. I read a full whatsapp conversation from her phone which was again denied. It was not always him but other guys as well about whom I had asked her to not to talk to. Then came a time when I started to have serious doubts on her because after repeatedly asking her to not to lie to me, she continued lying to me. I never cheated on her as She was the only female I talked to. I dint have any female friends. So in march,2015 I found out that she may be talking to her ex still of which I have proof of and as a result I told her I will never marry her, never talk to her and I literally stopped talking to her. And she tried contacting I ignored all her calls and deleted her messages without even reading them. One day I received a phone call from a person who claimed he was Rakesh Maria, Commissioner of Police, Mumbai and said that an FIR has been filed against me for rape and mental torture and I have to report to Colaba Police station, Mumbai by 09-04-2015. Since at the time I was unaware of Mr. Rakesh Maria, I thought it was someone else pretending to be him, and so I misbehaved with the person on the phone and hung up but later when I checked the number on mumbai police website. It was of Mr. Rakesh Maria. Since that instance I am living in worry that how can such a thing happen. My friends said, it is possible that it was a fake call as there are Mobile Apps which makes you use other people's contact number to appear on victim's mobile phone. I received that call on 06-04-2015. Also, I did not go to mumbai as asked by that person. And I have not received any call from any police till today which makes me feel it was a fake call. But I have access to my ex-girlfriend's email and I read an email conversation of her with a lawyer who is preparing a Legal Notice against me accusing me of Rape and mental torture, when actually it was always consensual. I have been ignoring all these tactics of her, thinking she was trying to intimidate me into talking to her but I have been worried and I thought to have an opinion regarding this.

Please respond and tell me what should I do.

Will police come and arrest me or only the legal notice will come. I did not want any of this to happen. I cannot believe she is doing this to me. I have risked my life twice trying to save her image. And this is what I am getting in return?

Also, Please tell, will the commissioner of police, mumbai directly call me and tell me that an FIR has been filed against me and I have to report by certain date to certain station? 

thanks...plz reply

 
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You will have to check whether FIR is filed or not... Then you will have file application for anticipatory bail. If you don't do so and FIR is filed for rape allegations, you will be arrested...you need to be proactive ..consult a good criminal lawyer

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LEGAL CONSULTANT

Why would she give legal notice accusing U of raping her,she would rather file a police complaint. Why will the Commissioner of Police call U regarding FIR? Still something missing in UR query, U are not comming out with the correct facts. 


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Advocate

Seems many things suppressed here. You are presenting your story only, but the facts? Anyway if fir is filed, go for ab, however in this scenareo, it would be also difficult to get ab proactively.

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Her point is that I promised to marry her and she is ready to convert and all and still why I am not marrying her? I am not marrying her because I do not trust her. I have proofs that she lies to me and is still talking to her ex. Since its a long distance relationship, I cannot keep check on her. 

What actually happened was I started telling her since 1 year that we cannot get married because of different religions to which she was furious that why dint I thought of this at first but my explanation was that I did not trust her enough to fight for her with my parents. My parents would disown me If I would do such a thing. but I would have done it but I realised she is not worth it. The reason I stopped talking to her was she threatened to create problems to my sister and her kids who does not even know my ex.

This motivated me to leave her. 

 I believe Call from commissioner was fake as these kinds of lies she has said in the past as well to make me talk to her or meet her like "I am hospitalised, come and meet me" while it all was a lie.

She is upset because she thinks I betrayed her and I believe I cannot marry such a person who has been threatening me for almost a year that if I dont talk to her, she will do this and that. There have been so many breakups between us but I have decided to never talk to her ever now.

I am unemployed for more than 2 years now and on 11-12 April I had my SSC-CGL exam for which I had been studying for 1 year but even after knowing this she tried to mess up with my brains by calling me from commissioners number....I believe it was fake to make me scared of I dont know what...but it worked as I was unable to concentrate in my studies and my exam was ruined.

I never raped her. I was worried if police will come and arrest me and what will happen to my family's image in my city. I knew I have enough proofs to prove I am innocent but still i dint want to defamed like that in society.

She is stubborn and has huge retaliation syndrome.

 
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LEGAL CONSULTANT

Family image, family reputation doesn't get involved as long as the physical relationship continued.Communities were also forgotten when U had relationship with her.Now U are only trying to defend UR self fearing cases to be filed by her.Right through U have been trying to project her as untrusty and unworthy. This makes me feel that all the allegations made against the girl are nothing but concocted, just fearing some day police will grab U away. I cannot give U any kind of legal opinion right now after hearing only UR version .

 
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This is going to be a false rape case. Go find a criminal lawyer from your community and keep a check on if any case is filed or not. If filed, try to get the anticipatory bail.

 

Thats the state of men in india. You cannot stop a girl from filing a false case. So get hold of the past evidence if any and try to get an AB in the event of a rape case filed.


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how to find out if the rape case is actually filed? 

Please also tell how can I file for anticipatory bail? what is the procedure?

 

thanks

 
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I would suggest you to talk to that girl and settle the matter. Because once the fir is filed or the matter reaches court you will be in deep trouble.The punishment plus the expenses. Also it seems you are hiding the real reason of not talking to her. If it was just the trust issue then why were you with her for so long(2 years)? These questions would come upto you if this matter reaches court. Also i dont think the girl is cheating on you. Because if she was, then she would not take such a step as it would lead to her harrassment as well. No girl or boy would go to police or a lawyer if he/she was cheating. And if the girl has all the proofs in the form of any video or audio clips, photographs then it would land you in trouble. I think you are telling an incomplete story. This is my and my dad's(criminal lawyer at Delhi high court) honest opinion. 

 
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