Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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krish (emp)     09 September 2011

Girl has booked a "1st rape, false promise of marriage"

a girl has booked case like "1st rape,false promise of marriage and cheating"

I never promise her to marry, even she knew it

Can any one help to how to comeout of this

 

Thanks,



 



Learning

 20 Replies

Saurabh..V (Law Consultant)     09 September 2011

@Krish

 

Pls elaborate......

 

How are sections 323 / 498a are slapped with 376 / 506 ??????

 

While the former gives an impression of failed marriage, the later give an impression of love-affair going foul !!

 

Pls explain ...........

 

//peace

/Saurabh..V

Adv. Vaishali Karloopia (lawyer)     10 September 2011

@ Krish You have written a girl has booked case. It seems that you don't know the girl. Correct me if i'm wrong. Otherwise if you are in relationship with girl then case may take other turn. One thing i want to clear krish that laws in India are very strict and always favours a girl or female. Discuss the matter with your family. If you have make promises of marriage to girl just fulfill it.

james bhatti (Advocate)     10 September 2011

You have only one way, i.e, Compromise. Marry her or go to jail for life.

My language is hurting but that is the truth.

Saurabh..V (Law Consultant)     11 September 2011

@James

 

I humbly disagree with your view-point.

 

If the complainant give only a bald statement but the accused can show compelling evidences against the complainant, how can any case be decided against the accused?

 

I agree rape is a henious crime but parallely we have to understand that such cases are not as grave as those of forced encounters. In a forced rape or gang-rape or custodial-rape, the victim do not consent at all and she don't have the will either. That forced encouter leaves scars for life.

 

But in such cases (as above) when s*x is being performed, the girl is also enjoying as much as the boy enjoys. But when the girl then forces the boy to marry her on account have having s*x, and boy denies then the girl makes a complaint. But is the trauma anyhow comparable and even nearby to that of the forced rape victim? Let us on try to degrade the cases of rape by including these cases with those henious cases.

 

In this subject post, accused is himself confused! While S.498A IPC is filed against a male who is married to the complainant, S.376 IPC is not applicable as per our law. Let him give clarification and then suggest....

 

//peace

/Saurabh..V

1 Like

Philipose.p (Advocate)     11 September 2011

the correct story to be said, what ever it is the law stants in favour of females

james bhatti (Advocate)     11 September 2011

Dear Saurabh,

You are right. But do the police know the Law. What they do, they receive a complaint and arrest the accused and produce them before the Magistrate. In the Court Room there is only the defence counsel who has sympathy for the accused whereas both the police and the prisiding officer are against the accused.

The police do it for their own interests. There is no justice from the police.

Bail is generally not granted even after a lot of months. So just I replied the truth.

2 Like

Saurabh..V (Law Consultant)     12 September 2011

@James

 

You are absolutely right and I'm very overwhelmed to see the factual and practical response!

 

I raised doubts for the @Author who is confused about the sections slapped on him by police. How can Section498AIPC be slapped along with S.376IPC. Whats this? A wife cannot claim rape in India till date

 

//peace

/Saurabh..V

ovais khan (software)     16 September 2011

dear james and Sourabh

i am not a lawyer, neither a law student..but same thing happened with me so the suggestions:

 

@Krish : first and foremost hire a good lawyer.

has the girl filed a complaint or a FIR, If FIR is filed, apply for Anticipatory Bail asap.

If girl has not any written proof of marriage comittment and she is mature, you will def get Anticipatory bail..but lawyer arguments shud be very strong..

krish (engg)     16 September 2011

Thanks Khan,

 

I got bail trail yet to be start

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     16 September 2011

DEAR ALL,

AS I UNDERSTOOD FROM THE VIEW AND EXPLANATIONS IS THAT THIS THE COMPLAINT UNDER SECTION 376/420 IPC ONLY BECAUSE THERE IS NO MARRIAGE THEN SECTION 498A IPC IS NOT APPLICABLE TO PRESENT FACTS AND CIRCUMSTANCES. MOREOVER KRISH YOU GOT BAIL,  THIS IS TOO EARLY TO COMMENT UPON UNLESS I GO THROUGH CHARGESHEET BY POLICE.

REGARDS

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 December 2011

Dear Krish,

If you get physical relation with the girl with her concent but did not promise for marriage then you will be out of this problem coz court did not punish any such person where the girl give concent for s*x without any promise but for that you have to prove that there was concent of the girl and secondly you never promise for marriage. But to prove this fact you need an expert lawyer else you will loose  your case.

I had saved one similar person, where first girl file case u/s 498a and 376 and 420 also, but in such cases mind and tricks saves you else you will loose.

Good luck

adv.kamal.grover@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 December 2011

Rightly said, in any criminal case, cross-examination holds the key.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ricky thomas (manager)     17 February 2012

if the boy has physical relations with the girl with her consent. the guy never "promised" marriage. but there were talks of marriage in 'we'll see later' or 'maybe' etc terms. the girl has facebook chats as proof, parts of which can be used trickily to make the case stronger. BUT, there is ONE saviour, the guy has proof as call record where the girl accepts that "i liked u, u liked me, i agree there was no committment..." how far can this help ?
and in case an FIR is filed by the girl that "she believed the guy would marry her, so she had physical relations", she may even go on to say "the guy PROMISED(even though it is a lie) to marry me, so i had s*x with him 5 times" . what action will the police take ? and how much time does the boy have to prevent himself from getting arrested ? will the police arrest the guy as soon as the FIR is filed along with the chats?

how can the guy save himself from such false accusations ????

AYAN (WEB DEVOLOPER)     30 June 2012

 

IF A BOY PROMISES TO MARRY A GIRL BY SMS WITHOUT ANY PHYSICAL RELATIONSHIP.AFTER SOMEDAYS HE DENY TO MARY HER.BUT HE DOES NOT HAVE ANY PHYSICAL RELATIONSHIP WITH HER.

WILL  THE BOY BE PUNISHED?

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