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Proof of rape

Page no : 2

Advocate Ravinder (Advocate/Attorney)     29 August 2013

I completely agree with surjith singh. In the pre marital s*x, there is half of the fault is with your wife, that means without her consent, the fellow would not have done s*x with your wife.  Hence, follow the advice of Surjith singh. 

abhinav (consultant)     29 August 2013

getting so many thoughts in my mind but for your info whatever i can understand by consensual s*x means what in case , if it is under false belief of something and something it is not easy to take decisions in that circumstances when a person whom you think that he loves you and trying to be physically intimate with you and after having s*x he denies to marry . legally i agree i dont stand on a firm ground but at least dont make me belief that my wife was at fault by having trust that guy.

it was an worst then the rape as in rape is once and only physical assault while in this case it was an emotional and repeatedly intentional trauma given to my wife .

in Indian society its difficult to reveal these types of incidents to family also thats' why we were quiet so far in fact she has overcome that but my male ego not allowing me to forget that brutality. 

i know justice is not so easy to get infact many don't get at all like that poor girl nirbhaya in delhi who was raped and killed also.in fact now mumbai rapist also revealing that they have done same assault 4 more times but why dont the victim came to get justice ,its complexicity of our life..It raises question mark on existance of god also but what a man can do to get it i wanna do it .

 

K.K.Ganguly (Advocate)     30 August 2013

1. What had happened with your wife is rape as per verdict given by the Apex Court. There is no ambiguity in it,

 

2. You are certainly on a firm legal ground, provided you can prove your allegation with evidence,

 

3. I agree with you on the point that at least there will be some belated reaction for the crime committed by him on your wife,

 

4. Engage a reliable lawyer in this regard if you are able to sustain/bear with  the aftereffects of the social discussions amongst family members & friends, your case is expected to generate.

sandeep (private )     31 August 2013

in whole matter c if u think that u can make a charge of rape  ipc 376  .. but in that case ...ur matter is something difrnt .... like defns lawyr  islly proof that they have mutual understanding n both are agree for having physical relation ... in that time if she was adult soo court also think that she can understand the things very well ...as per old conversation  ipc 417 is for cheating  wat u gona proof ..

                                                 but  in the end  ...what you will get hv u think about that ??? it will take long time ...

R Trivedi (advocate.dma@gmail.com)     20 September 2013

Just don't get into it, so much mud would be thrown on your wife that you will think of loosing your bravado.

 

There is another reason with me to argue against this:

 

Are girls/females such dumb species that they will let any Tom do it, just because he promised to marry. This is all mutual, both the partners when they are consensually together enjoy the act, so where is the rape ? She has married you, the boy can say that she ditched him and double crossed him, how will you counter this ?  May be before marriage she had some locus or some moral high ground, but not now.

 

  

abhinav (consultant)     21 September 2013

sir if you read my previous reply u will understand that if u r emotionally close to any person 4m your side and that person has different motive to have s*x with you and insist on physical relationship in those circumstances its difficult to resist at that moment and afterwards he said that he will not marry her because of same thing as u saying that s*x was consensual and he was not bounded by any law .i also agree that i am not on a firm legal ground but at least you guys give a mature reply that whatever happened was bad and unfortunate but no benefit of filing a case rather you are making me belief that she enjoyed it and nothing was wrong , in that case there was no need to reveal this incident to me for your info.

its not a difficult to fool sm1 emotionally where girls are being more emotional generally trapped into it .

its difficult to prove in court of law but it doesn't make wrong thing right.

thanx

R Trivedi (advocate.dma@gmail.com)     22 September 2013

Thats precisely what I wanted to convey !! An indirect hint with respect to her possible liking has troubled you to this extent. So much of mud and dirt will come out of this, that your life will be miserable. You have a nice wife, she is open and frank with you, you are a good man, so much understanding, why screw up the future for some past misdeed by some moron.

Democratic Indian (n/a)     22 September 2013

Yes no point in mud slinging in court and society after so many years.

abhinav (consultant)     22 September 2013

thanx 4 a positive reply and boosting my moral.

vic (working professional)     27 September 2013

First ask your wife, was she in love with him or it was only, that due to marriage, she had consensual s*x with him.Even, if was only due to marriage, why didn't she wait till some ritual like engagement or else was carried out as after such thing, court will also consider it as it is some kind of rape. See Nikhil Prasar vs NCT case.

Also,regarding proof, who knows that the guy may be having some intimate messages/chats of your wife, that he will present in court. So, ask your wife, whether there was love affair or it was only that due to marriage contract that she had s*x with him.

In the recent supreme court judgment in Deepak Gulati case, the apex court observed that it can be considered as rape, only if the intention of the accused was malafide since the start. Can you prove that he never wanted to marry your wife since start. It may be possible that he later changed his mind. 

And from a general perception, i want to say that when a bachelor boy and girl go to bed, then offcourse the girl wants to marry the guy, but she should first get some commitment either in form of engagement or roka or something like that to make sure that yes, the guy is also serious for her.


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