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Bharath Kumar   29 January 2017

Flase rape case against ex-boyfriend

This is regarding a friend of mine who has been falsely accused of rape and put in jail today. He had been in a live-in relationship with a girl whom he thought of marrying. They had been invloved in s*xual relationship. But few days later, he found that the girl had been cheating on him and that she had several s*xual relationships earlier and in one of those she even terminated a pregnancy. Having come to know about these, my friend said no for marrying her. The girl lodged an FIR under sections 376 (rape) and 420 and he has been arrested and is in jail. We are aware about the recent Bombay High Court verdict by Justice Mridula Bhatkar, wherein it was said "an educated girl who has consented to have pre-marital s*x should take responsibility for her decision" and "Promise to marry cannot be considered an inducement in every rape case". Considering these, what is the legal recourse that my friend can take to get out of this fabricated case? No lawer has been contacted yet for bail. Please guide us. 



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(Guest)
Originally posted by : Bharath Kumar
This is regarding a friend of mine who has been falsely accused of rape and put in jail today. He had been in a live-in relationship with a girl whom he thought of marrying. They had been invloved in s*xual relationship. But few days later, he found that the girl had been cheating on him and that she had several s*xual relationships earlier and in one of those she even terminated a pregnancy. Having come to know about these, my friend said no for marrying her. The girl lodged an FIR under sections 376 (rape) and 420 and he has been arrested and is in jail. We are aware about the recent Bombay High Court verdict by Justice Mridula Bhatkar, wherein it was said "an educated girl who has consented to have pre-marital s*x should take responsibility for her decision" and "Promise to marry cannot be considered an inducement in every rape case". Considering these, what is the legal recourse that my friend can take to get out of this fabricated case? No lawer has been contacted yet for bail. Please guide us. 

You need to discuss the case ini private with a advocate locally.  Criminal case should not be discussed in public forum.

Pawan S (06292021602) (Advocate)     30 January 2017

"But few days later, he found that the girl had been cheating on him and that she had several s*xual relationships earlier and in one of those she even terminated a pregnancy."

Do the accuse has any proof that indicates that she didn't disclose the fact to the accuse?

 

"Having come to know about these"

How the accuse came to know?

 

"my friend said no for marrying her"

I assume, since the accused had an intention to marry her, means the accused was in love with her for many years. So, wearing out a relation only due to the reason that she didn’t (I assume) disclose some past facts will not matter much. And, frankly, this reason seems not convincing.

Whether, the accuse really had an intention to marry her from the start?

Prima facie, it seems, he used her and after getting bored, he threw her by showing useless reasons.

 

Here, I am only reading & questioning you as a layman and not as a legal counsel. Need to understand the every bit of the fact prior to offering any suggestion from legal end. Please elaborate the complete case in detail.

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