rape after marriage??

@Ravikant

Its such a tricky situation that normal "law" wouldnt help. May be following may be of a little help to you:

> Proofs about marriage

> Locals/neighbours of the boy would be instrumental who can give evidence about the girl's fake story and that the girl duped them.

> Clean anticedents of the boy would be of added help!

> Though not advisable at this stage still if you as a counsel can contact the parents of the girl for an amicable settlement.

> Proofs that the girl was not allured but went out on her own and also she did not resisted her stay and marriage with the boy.

I think you still have life in the case and dedication may prevent your client :)

All the best

//peace

/Saurabh.V

@Ravikant

I also forgot to mention that after marriage, the s*xual intercourse for a girl above 14years of age is not rape I think. It might vary on state-to-state basis.

If I'm correct about the statute, it would be so easier for you to even get the case quashed. Just you will need proofs of the marriage and girl's consent during her stay.

//peace

/Saurabh.V

THE AGE OF MARRIAGE FOR A GIRL IS 18.

BEFORE THAT, A MARRIAGE IS ABOUT TO RAPE.

THE POLICE TOOK APPROPRIATE LEGAL STEP.

i agree with Mr. Arup   that the age of marriage should be 18 of the girls and 21 of the boy as per the Hindu marriage act, 

IT IS A RAPE.

IN THE SENSE THAT A GIRL OF 16 (ACTUALLY LESS THAN 18) HAS NO LEGAL RIGHT TO CONSENT ON HER OWN MARRIAGE. THEREFORE DUE TO 'LACK OF CONSENT', THE SEXUAL INTERCOURSE  WILL BE TREATED AS RAPE.

MR SOURABH - PLEASE NOTE IT.

MR RAVIKANT,

AS THE INTENTION OF YOUR CLIENT WAS NOT BAD, MOREOVER THE PARTY CHEATED BY THE GIRL BY SAYING THAT - " The girls convinced him a false story that her parant has died and her aunt use to beat her so she came away from her home."

THEREFORE I HOPE THE JUDGE WILL UNDERSTAND THE SITUATION, AND HE WILL BE AQUITAL..

FOLLOWING IS THE MOST VALUEABLE SUGGESTION BY MR SOURABH, -  " Though not advisable at this stage still if you as a counsel can contact the parents of the girl for an amicable settlement."

PLEASE TRY IT.

@Arup

Your suggestion that age below 18 is of no consequence is not in existence as of now. Till date the law stands at the age of 16. All that apart, in case the girl gets married at 15 or above, it would never amount to rape. Please read S375IPC exception.

Police has taken illegal step and thsi case can be quashed with the testimony of the people who attended this marriage at the boy's place.

//peace

/Saurabh.V

She admitted marrige in court during her statments but says it was solemnised forcebly.

well said by mr. arup,

04 April 2011, 12:11
Arup UNEMPLOYED [ Scorecard : 7668] Thank the Contributor Send PM	THE AGE OF MARRIAGE FOR A GIRL IS 18. BEFORE THAT, A MARRIAGE IS ABOUT TO RAPE. THE POLICE TOOK APPROPRIATE LEGAL STEP.

Dear Ravi,

In your matter, the following has to be taken care of:

1. Antecedents of the female --

2. Presumption in Your clients favour--

3. How the female will prove the Force--

4. Intention of both the parties--- your client is having bonafide whereas the girl is having malafide--- for the malafide part you can prove that the girl is saying so in the instant fear/ instant panic and she is under coercion of her parents and due to which she is saying so----

5. What role is NGO playing in yoru case---

6. What is the role of the police at this stage---

7. And do the favour by cross-examining the girl ---:)

Kindly plz suggest me references about "if a marriage solemnized in 16 years age of a girls it would have legal force."

3. How the female will prove the Force--

----  it is a, state vs someone case.

state has to prove that the force were applied at the time of solemnization of marriage.

before that, the presumption will be in favour of the girl not the boy.( 2. Presumption in Your clients favour--)

mr ravi's client is the boy not the girl.  the girl is the witness of the state.

4. Intention of both the parties--- your client is having bonafide whereas the girl is having malafide--- for the malafide part you can prove that the girl is saying so in the instant fear/ instant panic and she is under coercion of her parents and due to which she is saying so----

------      yes this portion is part of arguement. mr ravi may get fevour of the court in this point

@ mr sv.

IPC Sec. 375. Rape.--A man is said to commit "rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descripttions:-

First.- Against her will.

Secondly. - Without her consent.

Thirdly.- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly.-With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.-With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly.-With or without her consent, when she is under sixteen years of age.