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Rukumar (No)     14 June 2011

How to defend this allegation

Hello to all the respected members here,

My wife has filed DV and made allegation that

The N.A.No.I has caused s*xual violence to the applicant by way of forced s*xual intercourse against her will.

How to defend such allegation, please help

Regards

Rupkumar



Learning

 3 Replies

Saurabh..V (Law Consultant)     14 June 2011

@Rukumar

 

Firstly, there no such law where a wife can claim s*xual intercourse was against her will or without her consent, as there is no such provision in IPC. However this might be construed as cruelity, only if proved.

 

 

Now if she can prove that there was s*xual intercourse and which was forced, then only this allegation would be considered else not. Following are the important factors while considering this allegation:

> On-going marital dispute before this allegation was made

> Medical report showing any sort of injuries on her body or private parts.

> Nature of other allegations and if she can show an prima-facie proof in that regard

 

Unless all of the above does not support her version, you need not worry at all. However, if she can show proof in above points, then I need not mention you are going to jail..

 

//peace

/Saurabh.V

prasanta kumar parida (sr. consultant)     14 June 2011

ANY TYPE OF SEXUAL INTERCOURSE WITH ANY FEMALE INCLUDING WIFE IS AN OFFENCE U/S376IPC.

Rukumar (No)     15 June 2011

Thanks to Saurabh,

There is no such evidence and no medical proof to show there was any kind of forceful s*xual intercourse. So i am not going to jail. Right.


@ Prasanta Kumar Parida : Please go thru Sec 375 IPC. Do not mislead Please.


Regards

Rupkumar

 



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