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S M SHARMA (no job)     02 July 2019

Promise to marry sec 376

Respected Sirs, this case is of my friend – As per FIR brief summary of case is that she (complainant) is 26 years and BA in Journalism. She met my friend in Sep 2013 for modeling job and they had physical relations in October 2013 at my friend’s residence. They further had physical relations in November and December 2013 till July 2014, when she came to know that my friend is married. She broke up but again started intimacy in March 2015 and continued friendship. She said my friend proposed her for marriage in June 2015 but she refused the proposal. In June 2016 my friend and his wife applied for mutual consent divorce and got it in January 2017. In FIR she alleged that at the time of applying for divorce in June 2016 my friend had promised her to marry after divorce and their physical relations continued till May 2018. My friend never promised marriage. My friend’s parents fixed his marriage in May 2018 but three days before his marriage she told him that she is 20 weeks pregnant i.e. from December 2017. My friend got married as decided by his parents with another girl in May 2018 and she filed complaint in May 2018. In brief history in front of Medical Officer while sent for medical examination –“Survivor given history that she and assailant having started s*xual intercourse since October 2016. It used to happen often at his house. It was consensual and non force”. “Survivor says that from November 2017 they used to have intercourse regularly. No history of physical/ verbal abuse and assailant gave promise of marriage”. At present my friend is on Bail, charge sheet has been filed and case is pending in session court for framing of charges. Please advise how he should proceed in this case.


 3 Replies

Shashi Dhara   02 July 2019

Is it fowl play. As a married man he shud have acted responsibially. But once she gone he wud haveavoid local advocate he will guide.u.

Siddharth Srivastava (Advocate)     02 July 2019

Intercourse with female without her consent or with her consent allured by threat etc is rape. Since charge sheet has already been file so consult a lawyer with details and prove your innocence in accordance with law. Information as provided by you are insufficient to suggest any remedy. All details including charge sheet are required to be examined. So consult a lawyer with all papers.

Adv Deepak Joshi +917017821512 (Advocate)     02 July 2019

consult local prudent lawyer

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