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Megha (Engineer)     17 October 2011

False rape allegation

 

Dear Friends,


I need your help...

 

My fiancee has wrongly been implicated in a rape case(Section 376) filed by his ex-girlfriend. 
This girl has been his girlfriend from 2008-2010. They broke-up in dec last year, after that there has been only no correspondence between them. In the meantime, we got engaged and supposed to get married next month. 
 
His ex was never able to get out of that relationship and when she got to know about our engagement, she has been making calls, sending there past sms, chats, letters to our families, asking us to cancel our marriage otherwise she will file a rape case against him. We filed a complaint against her for this harassment few months back, but later withdrew it as she stopped harassing us. 
 
Now, she has filed a rape case against him under section 376, saying that he raped her in 2008 with a fake commitment of marriage. Since last one week we have been trying to get him out of jail. 
Can you please help us in this...
 
Thank you.


Learning

 20 Replies

ajay sethi (lawyer)     17 October 2011

where are you located? have you kept records of all sms , emails , sent by her . in addtion do you have copy of police complaint lodged in past .

the documentray evdidence will help your fiancee in court of law

Megha (Engineer)     17 October 2011

Sir, I'm located in Delhi, and fiancee deleted all the chats and messages after the breakup.

But she is presenting old chats and sms[es] as proof of there relationship with the charge of  fake promise of marriage and then raping her in 2008. She is 1 year elder to my fiancee. But, I have her msgs where she is asking me to not to marry him and find some other guy... and, also after searching about her details over the internet, I came across her matrimonial profile which is being recently accessed.. so, she is finding an alliance for her too.. I donot see her intentions - if she is looking for alliance too then why is she doing this to me and my fiancee..

Megha (Engineer)     17 October 2011

And I have the copy of complaint lodged in the past.. and we submitted that in the bail.

ajay sethi (lawyer)     17 October 2011

it may be out of desire for revenge . she dosent want her old dflame married .

 

has your finacee ever made any promise of marriage in any emails , chats . the fcat that she has saved old chat records shows she is very through nas has planned it all . your old complaint will come in handy . in complaint you must have mentioned details of various ms , chats wherein threats were made .

Ravikant Soni (LAWYER IN JAIPUR)     17 October 2011

I feel happy if i could help you. 

May you plz upload scan copy of complaint filed/ lodged in police by that ex girl frnd??

Rajesh Kumar (Advocate)     18 October 2011

In Anti-men society like India, Men are born to suffer. Yah, sometime you sufffer because he happen to be your fiancee/brother etc. No body can help him at this stage. Off course he will get bail in a few weeks time. Ask him to be offensive........ men must not defend in Indian laws... offence is the best defence.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 October 2011

Dear Megha

as per your query, the case is not come under the defination of Rape.

Your fiancee can be safe through legal means from these alligation because many cases the court acquital the accused.

feel free to call me on 9953809956

 

375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following de­scripttions:—

 

First.— Against her will.

 

Secondly.—Without her consent.

 

Thirdly.— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

 

Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

 

Fifthly.— With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

 

Sixthly.— With or without her consent, when she is under sixteen years of age.

 

Explanation

 

Penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape.

 

Exception.—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

 

STATE AMENDMENT

 

Manipur

 

(a) in clause sixthly, for the word “sixteen” substitute the word “fourteen”; and

 

(b) in the Exception, for the word “fifteen” substitute the word “thirteen”.

 

[Vide Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950) (made earlier than Act 43 of 1983)].

 

 

COMMENTS

 

Absence of injury on male organ of accused

 

Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen and bleeding v**gina depicts same, minor contradictions in her statements they are not of much value, also absence of any injury on male organ of accused is no valid ground for innocence of accused, conviction under section 375 I.P.C. proper; Mohd. Zuber Noor Mohammed Changwadia v. State of Gujarat, 1999 Cr LJ 3419 (Guj).

 

Penetration

 

Mere absence of spermatozoa cannot cast a doubt on the correct­ness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 October 2011

Hell hath no fury that a woman scorned.

 

My sympathies Megha, now that the gentleman is arrested, he would need to seek bail. If you can locate even a shred of paper, it would be helpful.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rachana (B com)     25 October 2011

Dear friends,

I also faced a similar problem.

My fiancee got arrested in a fake rape case by a girl whom he refused to love or marry her. She has filed a case telling that he raped her after mixing sedative in a drink, promised her to marry, then married in a temple without any body else knowledge. Also she is tellin she was aborted by him after mixing abortificients in  drink. Also threatening her to post the intimate pictures of them in net. But my fiancee is innocent, he did not do anything. She was his collegue, thats all. She is a psychopath, filed a case to stop the marriage. So many sections she has filed the case. will he get bail? in how many days time? He is inside the prison for more than a month. When will the case come to end? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

Rac hana,

 

Whether your fiancee would get bail or not would depend upon many factors.

 

1. Allegation

2. Supporting Proof

3. Consent given by female in letter/ email/ sms etc.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ricky thomas (manager)     07 April 2012

girl seduced me for s*x on facebook and skype chats. we got physical in the second meeting itself. 

i have written proofs of seduction by the girl. i have written and call record proofs of "no commitments of marriage, yet consent to physical relations". 
throughout i never agreed to her proposals of marriage, before, during and after the physical relations over a period of 2 months. she even took contraceptive pills twice. i have written proofs of all of this.

later i came to know that she has had physical relations with ex boyfriends before also. she has blackmailed to commit suicide on some 6-7 occasions. 

now the girl blackmails to marry her or she would put a case of false promise of marriage and raping her.

she can show the hotel bills, and love you sms, chats etc. but i had never promised marriage.. in fact i denied it before, during and after the relationship.

how much am i screwed ? 
marrying her is screwing my future for sure, because of her loose character and tendency to blackmail of false cases. even my family would be in trouble if i marry her. she can frame false charges of dowry etc etc. no one can guess what limits of lies she can go to..

please help me.
 


(Guest)

Circumtances prove that this is not a rape case.

Don't worry - contact to advocate - various circumtances support your side. First get the bail.

vic (working professional)     23 July 2013

Hi Megha,

Is your finacee out of jail now? What has been the outcome of the case

vic (working professional)     23 July 2013

Can some one please let me know, if the girl files a complaint,is it immidiately that the boy is arrested or the boy's query is also being listened by the police in rape case, if it was a consensual s*x.


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