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angel (marketing expert)     20 October 2014

medical examination during false promise of marriage

Hi please guide me, my case is rape under the pretext of false promise of marriage I refused for medical examination because the last physical intimacy happened 5 months before the I lodged a complaint. So I felt there is no use but is it going to affect the case. Though I gave good statement in the court and proving the promise too. But still medical part is missing so can somebody please help me with this. Hope the.judgement doesn't go on his favor.


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 7 Replies

LoneFighter (IT)     21 October 2014

angel.. :O not sure if u justify the name..

 

Any how.. Medical certificate even if you are proven that one is indulged in usual s*xual activity, it really doesnt help the case much as far as i know..These days, who ever resort to self pleasure will almost look like they are indulged in usual s*xual activity.

If you do not agree for medical test, that might go against your statements. There should be no reasn to back-off.

"rape under the pretext of false promise of marriage"  this is usually different from usual rape, in usual rape even slight penetration comes under rape, but in above scenario one has to establish a strong evidence that the intent was never to marry you and sx*ual act has taken place. 

To be honest, i pity people who claim they are raped under false pretext of marriage. If a women dont want to indulge in any s*x act before marriage, no guy can rape under false pretext... anyhow.. All the best. Enjoy the ride. 

angel (marketing expert)     21 October 2014

habove, 

i read this thread of yours: https://www.lawyersclubindia.com/forum/Those-who-are-suffering-from-417-376-false-cases-108614.asp#.VEYAMCKUeFk.. it looks as if you want to say that boys are allowed to fool around a girl for years by saying that they want to marry her and than just walk away. if boys just want to satisfy their lust then why cant they go to some red light area and do whatever they want to. why they have to play around with a girls emotions.

and for your kind information mine is a 100% genuine case where guy ran from the marriage after me and my family did all the marriage preparartions with him. marriage was almost on the cards and i lodged a complaint when he ran off for like 2 months before that i tried my level best to convince him. in  fact his arresting was also done after 4 months because he was on the run and police was unable to trace him. 

its just that medical examination has not been done in my case and i don't know whether that is important in my case or not because the other party has not denied about the physical relation (in the bail order they have mentioned it was consensual) and the reply you gave above is very confusing ( not very clear).. 

LoneFighter (IT)     21 October 2014

Apologies if you were offended.

I still dont understand if guy has to say that he will marry a gal just to get her laid. more than 50% of these cases are fake as per Delhi Women Cell. Not my words. 

https://indiatoday.intoday.in/story/delhi-commission-for-women-concerned-with-rise-of-false-rape-charges/1/394316.html

Anyhow coming to your case, If a guy had run away from the marriage, according to some judgements i.e deepak gulati vs haryana state .. Courts later felt it otherwise, that guy might have wanted to marry. But later changed his mind. Anyhow, you have not specified entire facts in the case. You can search on indiankanoon.org for judgements. 

I mentioned that if you backoff from any kind of test, then probably it might have little adverse affect or none at all. i have not come across any case, where in medical test was denied. Why dont you get it done...!!! just a suggestion.

-- ignore this if you want to..

Just to let you know, courts neither force him to get married nor try to think about both of your lives. you guys have to solve it among yourselves. It would be good for both of you. Just a suggestion. That guy might be wrong, but its not worth wasting entire life for someone who is unworthy to have you or do not want to be with you. A few unscrupulous Advocates, like in my friends complainant case,  say zillion thngs that they can get you married. Please think twice before taking a leap. 

angel (marketing expert)     21 October 2014

thanks for your suggestions. i really appreciate that.The major facts are i am proving the promise of marriage. i want to talk to that guy but unfortunately i do not see any efforts coming from his side

angel (marketing expert)     21 October 2014

i cannot give medical test now because its too late and my statement has also been taken in the court. and even if i go for the same that would be of no use.  i would be very thankful if you can just brief me about  deepak gulati's case.

LoneFighter (IT)     21 October 2014

He was convicted initially. and later he was released on bail ....

Please refer to the judgements on indiankanoon.org.

But may be before all this, question urselves what exactly do u want from him. 

angel (marketing expert)     21 October 2014

Thanks. He was released on bail after how many months? Honestly me and my family have become. A laughing stock for everyone here. My family informed everyone about our marriage but please help me I really want good suggestions

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