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Merin Thankachan   14 January 2018

False rape allegation outside india

Hello ,

I would really appreciate if you could answer my query please.My relative(24 year old man) was charged with a rape allegation by a 35 year old married lady.Both are Indian nationals. As per the complaint the 'so called' rape was committed in Australia.They used to be friends in Australia. This lady had some issues with drug addiction and also she was taking medication for anxiety and depression.He used to advice and help this lady to recover from such issues.But this lady took his friendship in a wrong sense and started manipulating him .She also started persuading him to marry her. Because of her violent and manipulating nature he had to agree at some occasions but he never had that intentions. He only wanted to help her come out of her addiction issues.He thought that he could later explain her that he did not have such feelings for her therefor he then told her that his parents are looking for proposals for him and he will soon get married.She started to threaten him and said she would not allow him to get married .Later on when he told her that his marriage is fixed and that he will be flying to India. That' s when the real problem started.She started to say that he cheated her and utilized her, in fact there was not any kind of physical relationship whatsoever between them.She took him to to a police station in Australia claiming that they are living together( but that not true) and he promised to marry her.But the Australian police did not take any notice of her complaint and they also not even recorded a statement against this boy.She tried to prevent him from flying to India for his marriage by threatening him saying that she will destroy his marriage. But he managed to fly to India. She also followed him to India and contacted the church members of this boy and falsely accused him.She also contacted the bride's family and asked them to back out of marriage.She also threatened that she will conduct a press conference against him But even after all these,the bride's family did not back out of the marriage and she knew that her plan did not work out.She approached some police stations and finally judicial first class magistrate claiming that this man had raped her in Australia.Now the police has filed an FIR and ordered the church not to conduct the marriage anywhere in Kerala state.They are also awaiting the approval from the central government for further investigation as the 'so called rape'was committed outside India..Even after filing this complaint she is still sending threatening messages in facebook. and trying to contact the bridge to ask her to back out of marriage.I would really appreciate if you could answer my below mentioned queries 1) is it possible to take anticipatory bail ,if yes how long is it valid for? 2) Can this case be quashed in the high court? 3)does the police have the right to order the church not to conduct the marriage .If yes, what should be done to conduct the marriage 4) what are the chances of approval or denial by central government to proceed with the case against him Any helpful legal advice to deal with situation would be appreciated 
thanks in advance 
M Thankachan

 



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 8 Replies

Vijay Raj Mahajan (Advocate)     14 January 2018

1) Is it possible to take anticipatory bail ,if yes how long is it valid for?

Anticipatory bail can be allowed if FIR is registered and there doesn't exists sufficient evidence for the conviction and no likelihood of the accused to run away from the prosecution.

2) Can this case be quashed in the high court?

It all depend on the evidence that exists against the accused that prosecution rely for the prosecution and his conviction.

3) Does the police have the right to order the church not to conduct the marriage .If yes, what should be done to conduct the marriage?

No that was wrong act on the part of the police, no order preventing the marriage of the person can be filled even by the court leave aside the police. Writ of Injunction and Mandamus can be moved against the Police in the High Court restraining them to make such orders against the accused that affects his personal liberty/freedom to marry according to his religious faith.

4) What are the chances of approval or denial by central government to proceed with the case against him?

It all depends on the evidence that the police collect during investigation and the trail court examines it, if that can be sufficient to convict him or not of the offences charged with by the complainant.

 

test123   14 January 2018

Waste of time asking any Indian lawyers... Anything happen outside of Indian jurisdiction, Indian lawyers can't do any shift

test123   14 January 2018

Waste of time asking any Indian lawyers... Anything happen outside of Indian jurisdiction, Indian lawyers can't do any sh*t

Vijay Raj Mahajan (Advocate)     14 January 2018

Anything happening outside India is covered under section 4 of the Indian Penal Code that extent to Extra-Territorial offences for any Citizens of India in any place without and beyond India. Any wrong information shared by any novice to Indian law should be ignored.

Merin Thankachan   14 January 2018

Thanks for your valuable response sir.Really appreciate it. Apparently she has falsely accused  that  this man had promised to marry her by swearing an oath on the bible and luring her into s*x with him at two ocassions, one at her house and other in a hotel.(in Australia) .She has also submitted a medical report which proves that she had some kind of s*xual contact with someone.But there is no evidence to show whom she had s*x with.(She is married and also  mother of two kids).Based on this complaint the police had to charge him with section 376 of the IPC.Sir  would you be kind enough to answer my below mentioned doubts

What are the chances of getting anticipatory bail and also can this kind of a case be quashed in court?

Thanks in advance

M Thankachan

test123   16 January 2018

Originally posted by : Vijay Raj Mahajan
Anything happening outside India is covered under section 4 of the Indian Penal Code that extent to Extra-Territorial offences for any Citizens of India in any place without and beyond India.
Any wrong information shared by any novice to Indian law should be ignored.

@ Vijay

you should spend some effor bring back your vijay mallya  in india.... he commited everything in india and fly to UK. your  law and order couldnt touch him.

crime committed outside india, you lawyers giving advice to scared people.

 

Vijay Raj Mahajan (Advocate)     16 January 2018

@test123

Shut your trap how many times I have tell you, stop abusing lawyers here in the lawyersforum. I request that this person should be blacklisted in this forum, he's not coming with his actual identity and is abusing the lawyers in their own forum.

test123   16 January 2018

Originally posted by : Vijay Raj Mahajan
@test123

Shut your trap how many times I have tell you, stop abusing lawyers here in the lawyersforum. I request that this person should be blacklisted in this forum, he's not coming with his actual identity and is abusing the lawyers in their own forum.

 

lawyers like YOU dont even  give chance to let other people to speak.

 


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