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Mansoor   18 February 2019

Help needed in false rape case

This is a promise to marry case though there was never any promise. Obviously there is no documentary evidence of that as well. Girl has complained after 6 months that there was verbal promise and based on that they had s*x a couple of times. In reality there was no s*x involved even though they met in private few times in relationship of 6-7 months.

Family and friends were not aware, no engagement ceremony etc were performed, neither there was any concealment/misrepresentation from boy's side. Girl is major and working lady.

1. I know in such cases, complainant's statement is enough. Will court accept marriage promise and physical relation only based on girl's word even though there is no medical or any other hard evidence?

2. What is possibility of conviction in such cases? Is quashing possible?



Learning

 4 Replies

Deepak Malhotra   18 February 2019

In those cases , the court always presume that victim allegations are right as per evidence act. Now there is burden of proof on accuse to revert that presumption

Mansoor   19 February 2019

Thanks. So basically the boy is going to jail unless complainant is hostile. Because there cant be any way to refute verbal allegations.  

Mansoor   04 March 2019

Thanks for the response. In absence of corroborative medical evidence, how can s*x be proven? any idea what is the conviction rate of such cases if outside court settlement is not done? I know the overall conviction rate for rape is about 25%.

Mansoor   05 March 2019

Thanks for your advice. very helpful.


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