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arjun kumar (student)     11 March 2010

false rape charge

 Aa girl stayed in a hostel about an year back.She had a fight with a boy there.Now the girl wants to file a FIR of rape against him. Had queries regarding the same:

1. Is it possible to lodge a rape complaint now, alleging that it was commited on a date almost year back?

2. Can a decision be given in favour of complainant by solely relying on her statement that she has been raped?


 6 Replies

Prakash Yedhula (Lawyer)     11 March 2010

Courts have held that it will be dangerous to convict a man charged with rape of a woman, on her complaint filed belatedly and when the whole case depends on her sole testimony

arjun kumar (student)     11 March 2010

Hi, thanks for the reply.

Had another query.

1) Is the ruling recent? Because it came in knowledge that supreme court has ruled that a woman will not just admit that she has been raped.Her statement, as per the cort, holds lot of weight and is to be accepted so.Is this correct? Does this hold any ground?

2) Is an offence under section 354 bailable or non-bailable? If bailable,then has there been any move or gazzette notification to make the same non bailable?

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jatin sharma (LAWYER)     11 March 2010

hi,first of  all the criminal case is dependend on the "knowlenge of crime" if the girl does't file a case against him at that time, than it will be difficult to proved her about the fact of the crime and the importent thing is that her medical examination which will be incorrect for lack of time

Anil Agrawal (Retired)     12 March 2010

Let us come to brass tacks. Will the FIR be registered and case go to Court? Beginning of the misery.

bhupender sharma (head)     12 March 2010

it is not fisible as the circumstances of the case depicts that the complaint is flase one.

Anil Agrawal (Retired)     12 March 2010

Who will decide that the complaint is false? When police is bribed falsehood becomes the truth.

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