Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mohit verma (software engg)     19 January 2016

false rape case for marriage by girl

Girl n me both are 27 & 28 age. Girl is educated n working in reputed school. She got a divorce in march 2015 . because her husband hide his marriage and 3yr old son. She is still facing cases filed by first wife . to b a fraud. We both get love with each other. She expected marriage from me. I said only if parents will agree . they rejected. She got separated from home.. We had s*x 2.5 month ago. She is blackmail m3 for marriage and crape case. What to do. 6


Learning

 14 Replies

Laxmi Kant Joshi (Advocate )     19 January 2016

Immediately get seperated with her, don't join her, don't come under her threats she can not do anything, she have to prove her allegations if she allegeds you, dont accept her allegations, don't respond her, record all her threatening calls, emails, sms, chatt all in your mobile phone , after this tell her not to harass you otherwise you will take shelter of police and court and also record all your conversation with her as an evidence to prove you innocent, ignore all her threats but be alert in future don't indulge in such activities .�

Sidharth   19 January 2016

Don't worry, she can't do anything

Read this,  maybe helpful to you

Is s*x based on the false promise of marriage considered “rape”?

In Deepak Gulati vs State Of Haryana case in 2013, the Supreme Court of India held that s*x based on the false promise of marriage can be rape in certain situations. The apex court observed that there is a clear distinction between rape and consensual s*x and the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives.

If the accused had made a false promise to only to satisfy his lust, it will fall within the ambit of cheating or deception and there is a distinction between the mere breach of a promise, and not fulfilling a false promise. The court further said that it must be examined whether promise was made at an early stage and whether the consent involved was given after wholly, understanding the nature and consequences of s*xual indulgence.

However, the court clarified that in some situations the prosecutrix agrees to have s*xual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, the situation does not necessarily lead to rape and the court must consider other evidence as well for support.

Similarly, where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, was unable to marry her, despite having every intention to do so, the case should be treated differently and cannot be considered rape if the other available evidence do not prove otherwise.

The fundamental principle behind the consent

The last year, the Delhi High Court held that a s*xual relationship with a woman after making her a false promise of marriage amounts to rape. The conclusion was based on the logic that the so-called consent under a false promise of marriage is no consent. It further observed that a man receiving consent to s*xual relations under false pretext does not amount to legal or valid consent and saving him from being accused and punished for rape.

Widening the ambit of the law, the Delhi Court held that even if the woman is assumed to be a willing participant in their physical union, the fact that the man had no intention of marrying her would make it an instance where consent was given under a misconception, nullifying the efficacy of approval.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 January 2016

If you give the same narration before a court of law, certainly a promise of marriage can be suspected. The only question will be whether there was s*xual intercourse. Here you have confessed? If you confess before a court of law also, you had it. These days if s*xual intercourse is immediately reported it can be proven through medical examination of the victim and forensic evidences. Be careful and pray to God.

SAINATH DEVALLA (LEGAL CONSULTANT)     20 January 2016

See that there are no other evidences are available with her regarding UR relationship. Or else rape is difficult to be proved after a lapse of certain time.

Vikas   20 January 2016

.My brother ex girlfriend promise to Marriage.

My brother had   a relation with her girlfriend 4  year back , when he got separate from her and  shifted to other city she filed the 376 case against him, he got the bail from high court on the basis of SMS copy of chatting with her in which she was blackmailing him , and compiling to live together otherwise she will put his life and career in danger, she told to black mail our parents to. We have copy of all sms ans her threats, now the case in court, and yesterday only first trial of the case was done.

In which she told , yes I used love him, but keep on repeating the same sentence that he made relation on the false promise to marriage, now I want to know what is the future of this case please advise me nad consult me experts with your experiences 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 January 2016

If your friend had s*xual relations with her 4 years ago, she did not then insist on marriage and on failure on the part of your friend did not go to the police or court then itself, it will become a case of afterthought and she cannot make a case now. Just chatting does not amount to promise of marriage and there can be no punishment for not marrying. If at all, I mean, if at all, there can be a civil case.

Sidharth   20 January 2016

Dear Mohit, If you think she can file FIR, you can move to HC and request the court for " notice period" to avoid arrest.

Vikas   20 January 2016

He made relations 1 year before she filled the case,but she started to abuse him , threaren him for coming with her to some other city to live so he denied to accept that so she filled the case against him we got bail from high court, now yesterday only court taken her statements in which she told we had relation since 4 year ago, and we both used to love each other, but same time she is saying he promised me to marry so because it I agreed to make relations, so here I am confused do her consent is proved or not in court my advocate is saying that we got her consent , she has accepted she used to love and she keept making relation, why she did not complainant before if she had not giving consent. So here I want to know that do case is going on right direction or not

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 January 2016

Mr. Vikas: This post was started by Mr. Mohit Verma. Why did you butt in here? If you had a query you should have started a separate post. Inadvertently  I replied your post which I should not have done. Now Mr. Siddharth has replied Mr. Mohit.  Then you have come in again. What is this Mohit-Vikas-Mohit-Vikas- Mohit. Is this a ping-pong game or what?  You leave this space for Mr. Mohit and start a separate post.

I request other LCI members to ignore Mr. Vikas here.

dr g balakrishnan (advocate/counsel supreme court)     20 January 2016

my dear friend, how could you prove you had not raped her? think a little young man. world is not a big fool. 

dr g balakrishnan (advocate/counsel supreme court)     20 January 2016

false promise to  marry and then have s*xual intercourse  is indeed a deceit based rape too ,so think. contract under sec 17 is fraud. pls do not make mockery of laws which are again a mockery by the great law makers sir. so laws might not support you as the courts read in between lines'

see transfer of property act in grant lands csannot be applicable. think u know.

it means substantial acts again mocked by law makers by making fresh laws...

 

 

mohit verma (software engg)     21 January 2016

she married a person who was divorcee and hide from her that he give divorce from his first wife and has son of 3 yrs . he got marriage with her and physical relation for long tym . when she get to know she left him .  she is still facing cromical case of fraud from his first wife in court .. will it help me to prove that she is fraud and making false allegation ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 January 2016

Let me try to put your statements in understandable English so that I can understand it properly myself.

She(A) married a person(B) without knowing his past history and she had also physical relationship with him.  Later she came to know that he was a divorcee and that he had a 3-year-old son by his first marriage. When she came to know that he was a divorcee she left him. If A marries a person who had obtained divorce from his previous marriage legally he had done nothing wrong. Of course he was guilty of suppression of material information from A. A is facing a criminal case of fraud from the first wife of B. What was the criminal case? Was it that A married an already married man B? Then was it that B had not obtained divorce from his first wife. If so B is guilty of a fraud and   A was a victim of that. If A had married B unknowingly then their marriage is void. A is not guilty of any fraud.

In your first statement you have stated that A had obtained divorce from her previous marriage which was even otherwise void. If A had known something about you which will do harm to you if another person or the world comes to know of, but A has nothing to do with that matter but she threatens you that she will disclose it to the other person or to the world, then that is blackmail. But if you had s*xual intercourse with her but now you refuse to marry her and she threatens to take action if you do not marry her, that is not blackmail. If she was a victim of fraud with respect to her marriage and divorce with B you cannot charge her with fraud. If the first wife of B has charged A with fraud and the case is in court, whether she had committed on first wife of B has to be decided by the court. You cannot claim that A had committed a fraud on you.

Aashish George (lawyer)     24 January 2016

Brother you are in a soup, if she complains, you will face charges under 376 IPC, you will be facing arrest, whether a case is a rape case or just casual s*x will be decided after the trial. Now, interestingly enough under section 90 if she is able to prove that she was not a consenting party and that her consent was only under misconception of facts, along with the fact that you knew that she is getting intimate because you will marry her, then I assure you, there are judgements in favour of that girl. I am sure you are innocent, but please take it seriously, stay away from her and pray that she does not do what she has said she will do. It is also true that these cases the boy win eventually, but aise bhi cases hai jahain Lanka lag jaati hai. Best of luck

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading