Meenakshi Kushwaha 08 December 2021
Aryan Raj 08 January 2022
In response to your query,
The offence under Section 376(2)(n) is punishable with rigorous imprisonment for a term which shall not be less than 10 years but may extend to imprisonment for life i.e. the imprisonment for the remainder of natural life and also with imposition of fine.
Section- 323, Punishment for voluntarily causing hurt. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section-506, Punishment for criminal intimidation. —Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.
From the facts mentioned above I could understand that your brother is being framed for all of these offences which he didn't actually commit therefore I would suggest you to consult a learner lawyer and narrate all the facts to him/her briefly to get proper legal assistance and present the evidence in the court of their relationship for example the proof of them living together in the same house for a long period of time. And if they were in a relationship they must have exchanged messages or mails which will prove that your brother hasn't committed any s*xual offences without consent or made any voluntary injury to the woman. And you can also prove that the woman was hiding the fact that she was still married and despite being married she was forcing your brother to marry her. Also as the police helped your brother after he was kidnapped therefore your opposition party doesn't have a strong case against your brother.
In fact your brother can claim damages from the woman and her family for torturing him and harrassing him.