Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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abhinav (consultant)     21 August 2013

Proof of rape

sir 

   i am a married person and my wife tells me that in 2007 she had an boyfriend and he promised to marry her and the same pretaxt he had s*x with my wife on many occasion and lateron dumped and denied to marry her.

i know its too late now but still i want to know is there any way that i can get justice for my wife .

what if we file a case of rape against that man.

kindly guide me 



Learning

 24 Replies

fightingfalsecase (sw)     22 August 2013

Salute to a husband like you. Your wife is lucky to have you for sure as her Husband.

vijaykumar (M edical superintendent)     22 August 2013

you can surely file a case of rape. there is no time bar for this. I salute you for your broad mindness. 

K.K.Ganguly (Advocate)     22 August 2013

1. You are an excellent husband and a very nice soul,

 

2. She can file a police complaint alleging that the other person had s*xual act with the promise of marriage but refused to marry later on,

 

3. He will be booked for the charge of rape.

 

 

1 Like

abhinav (consultant)     22 August 2013

dear sir

   Thanx for a kind reply .now i got a bit of confidence that something can be done otherwise i was in constant pain due to the feeling that i can't do anything.

 but sir how we will prove that he had promised marriage and had s*x on the same pretaxt.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 August 2013

@ author 

 

how we will prove that he had promised marriage and had s*x on the same pretext.

 
What do u want now and U want to take avenge and against whom?
 
Protect your wife's honour as you are a good husband.
 
Don't get her rapped once again in legal proceedings.
 
Physical abuse is like a injury in an accident.
 
She confessed you and you excused her.
 
Forget and be happy. Accident is an accident and don't get it volaunterly. Erase it from the minds of you both.
 
Be happy and good luck.

sparc india (director)     23 August 2013

dear (?) husband of a raped spouse,

what if the statement by your wife is just her own twisted version of the situation / or a skewed picture of the intimate relationship that she was in ?

There may be many variations / versions...:  may be her boyfriend was ditched by her only.. (or she created such circumstances that he was forced to drift away... may be the then circumstances or the social forces/conditions influenced their split ; or in a worst for you scenario : the bf is still single while his lover i.e. your wife is now happily whispering her sweet/sour confessions into  your ears !!)  

Now if your wife's ex lover also felt cheated or ditched by your wife : then WHAT?

would you accept a rape case against your savitri wife?

and Even if she is correct and she was 'USED' by her ex bf then what do you want now?  

you want to take revenge by way of proving and that she must have then got a BETTER Husband in HIM...

or you want to EARN a hefty Compensation from your wife's ex bf and then LIVE OFF your wife's New Earnings(?)

IN BOTH CASES. your wife's present husband is being proved as a mazaq and a MORON... Oh what Guts and what Balls you have on you !!! Wow ! 

abhinav (consultant)     23 August 2013

agreed sir 

  but in case my wife is telling truth and mind u m a well settled person and dont want to earn anythng 4m this .i just want to see if by any chance i and my wife can get a chance of getting justice.

and becos of the fear of court proceeding if people will not go to court it is very unfortunate becose then no1 will go to court.

would like to see your comments

 

Sudhir Kumar, Advocate (Advocate)     23 August 2013

you can file but there is no point at this stage.

K.K.Ganguly (Advocate)     24 August 2013

1. Inspite of your sincere effort to get belated justice for your wife, it seems that it is now very difficult to establish the crime with evidence after so many years,

 

2. Your wife can inform you if there is any evidence left with her to establish the said crime,

 

3. With out having concrete evidence in hand, there is no point in taking up the matter legally.

 

vijaykumar (M edical superintendent)     25 August 2013

The only proof of rape if testimony of victim in this case. Pl. enlighten if you can think of any other proof. The statement of victim is enough to trap/ frame charge unless you have some visuals like CCTV etc.

abhinav (consultant)     25 August 2013

thanx 4 positive response m really grateful to you .

we don't have any other proof but at least we have a chance to bring him to the court of law and tell his family that what kind of a person he is and we will be getting some satisfaction .otherwise we don't have any other way to get the justice. 

Advocate Ravinder (Advocate/Attorney)     27 August 2013

I disagree with the above experts. The offence of rape will not attract. It is only an offence of cheating and adultery. In criminal law there is no limitation aspect for offences unlike civil law, but even though this is a matter of past several years, it is difficult to prove the offence and the question of her keeping mum all these years will be raised in the court of law. With regard to other points, I completely agree.

abhinav (consultant)     27 August 2013

thanx sir 

she didn't kept quiet infact she told me prior to our marriage but she could not gather courage to file case. now she is ready to face society also.

in view of above what you would like to suggest to me. 

surjit singh (Assistant)     29 August 2013

I partially agree with Mr Ravinder, it is not a case of rape or adultary, but it is case of consensual s*x between two adult. Your wife would have file a case just when that person refused to marry her. Now that person has gone his way and your wife is happily married and since 2007 a long time has passed. At this stage if any one is advicing you to file a case then I think it will amount to inviting unnecessary harrassment for yourself.

YOU HAVE A VERY DEAR WIFE WHO HAS THE GUTS TO TELL THE TRUTH TO HER HUSBAND: BE PROUD OF IT ; ASK YOUR WIFE TO FORGET IT AS A BAD DREAM AND ENJOY YOUR LIFE.


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