Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Singh C   28 September 2017

False rape case by ex-wife ipc 376 (2) n, 376 b, 377, 506

Dear Experts, After taking divorce (mutual) in Apr'16 in Madhya Pradesh court and took Rs 5 lakhs, she lodged FIR in Feb'17 U/s 376 (2) N, 376 B,377, 506, 365 against me in Haryana as her cousin brother is Police inspector. She claimed that I forcibly confined (Bandhi) her in my house and repeatedly raped her by threatening to kill her and son. Whereas after divorce she opted not to take child with her. They threatened me and demanded huge amount to settle it as. I m on bail, now what should I do, 1. Should I compromise or contest the case? 2. If I contest what r my chances for acquittal or convict? Any other legal option and help is highly appreciated.


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 5 Replies

Vijay Raj Mahajan (Advocate)     28 September 2017

No question of compromise in criminal complaint registered as FIR on serious charges like Rape etc. The prosecution shall take place and result will come only after completion of the matter in the court. Rape charges made by ex-wife for the period when she was still married may not stand in the court however charges of unnatural s*x ( S 377) may hold however since these charges not made before divorce will not be taken seriously by the court. You need strong and experienced lawyer to defend your case otherwise anything can happen.
2 Like

Siddharth Srivastava (Advocate)     28 September 2017

The law says that if the offence are not compoundable then the compromise would not vitiate the case and cannot absolve the accused. So as the charges are serious and are non compoundable hence even if the compromise arrive between your wife and you will not effect the case and such compromise will not vitiate the stated case. You should not come under the force or threat of your wife and you should not compromise but should contest the case. What is the guarantee that in future your wife will not againt levell same allegation or some other serious allegations in order to extract money from you. You seem to have good defence. Rest depends on merit of the case.Consult your lawyer with details.  

2 Like

Singh C   28 September 2017

Dear Sir,

thanks for your nice reply.

In FIR She leveled rape charges from 1 April 2016 to 30 Jan 2017, whereas our divorce final hearing was 20 April 2016 where in court before Judge, she made her statement that she didnot have any physical relation with me for last 2 years. In FIR She claimed that after divorce she stayed with me in my flat but the fact is that she stayed in the colony near to my house after divorce and we had no physical relation in that time. 

Should I use the above court order copy as an evidence in my favour ?

Is there any medical test by which I can prove that i had no intercourse with her in that period?

Your advice is highly appreciated.

thanks

 

Siddharth Srivastava (Advocate)     28 September 2017

Consult a lawyer with details. Without examining the case papers its difficult to advise.

Siddharth Srivastava (Advocate)     28 September 2017

Consult a lawyer with details. Without examining the case papers its difficult to advise.


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