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Kapil deshmukh   03 October 2023

false rape case after extra marrital affair

I had an affair with a married lady , when her husband found it , they have filled 376 against me. FIR was delayed after 9 months. In FiR she is saying that I pressed her head and she fell unconscious. In 161 statement she's saying she prepared coffee and then I gave her sedatives in all three occasions. I have alibi in one incidence.Also family photos of us together before and after the
incident. CDR report proves we were in constant touch before and after . Medical examination is null as it was done months after the alleged incidence. How should I defend myself in this ?


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     04 October 2023

The Jharkhand High Court, while setting aside a Trial Court order, has observed that a married woman cannot claim that the petitioner raped her on false pretext of wedding, as the victim knew that she cannot enter into matrimony with him in view of the fact that she was already married.

A Single Bench of Justice Sanjay Kumar Dwivedi  disposed of a Petition filed for quashing of the order  including the entire criminal proceeding arising out of Deoghar Mahila Police Station  corresponding to a Case  registered for the offence under section 406, 420, 376(2)(n) of the IPC and pending before the Chief Judicial Magistrate, Deoghar.   

Your side defence is very strong hence you can challenge the same on the basis of the above judgment

Sudhir Kumar, Advocate (Advocate)     04 October 2023

@ Mr kalaiselvan

 

In this cae the fats appear to be different.  In this case he has nowhere steated promise of marriage.  The accusationis sedation of the lady.

Kapil deshmukh   04 October 2023

Yes , allegations are that in one version it says hypnosis and in other version she says use of sedatives,some times she says mind controlling technics. In FIR she suggests i pressed her head and used some hypnosis and after that she fell unconscious. In 161 statement she says on three occasions 6 months apart ,i entered her home , she made coffee and then all three times I mixed some sedatives in coffee made by her and all three times she fell unconscious.

Real Soul.... (LEGAL)     04 October 2023

you are in trouble anyways, the versions provided will be examined by court and you are till then in soup. Just try to make her drop the complaint by setteling the matter or fac the trail and let the court decide

SAM (LEGAL)     04 October 2023

What action her husband and family members have taken against the women who filed such kind of complaint?

Why her husband is keeping her even after knowing her story?

This was consensual realtionship by you and her then how the complaint was taken?

Why did she not file complaint in initial stage? Why now? Are both husband and wife want to extort money from you by blackmailing?

You also counter file case against her and her husband for extortion money from you for settlement

 

1 Like

Sudhir Kumar, Advocate (Advocate)     07 October 2023

try amicable settlement.                   


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