cpc

rape case on consensual sex


Hi

Below is the problem one of my Friend in facing , I have replaced the Girls Name with Y and Boys name with X

Can somebody expert on this can give a legal advice what worst can happen in this scenario

I am enclosing the case summary, Hope somebody can give an advice.

 

Case summary

     Background (oct 2009-january 2009)  

I boy named X met girl named Y met in ABC State at her resident almost after roughly around 8 to 10 years , we are first cousin being children of real sisters i.e. my mother and her mother.

 

Since we were first cousin we started getting along like brother and sisters and discussed our lives, during one of my friends marriage function in XYZ city I took her and one of my cousin brother along with me and there I came to know about her problem with one of the boy name NAME (Advocate Chandigarh High Court) with whom she was going around for almost 7 years has got engaged with some other girl without telling her. So she was pretty upset about it and since her parents didn’t allow her to marry her despite of her repeated tries for convincing the parents, as in her parents didn’t want their daughter to marry a guy from Schedule cast community and also she was mad about the fact that he has gone ahead and got engaged with somebody else without her knowledge.

 During all this discussion I told her that if she want any kind of help then she can call me anytime , being a cousin it will be my duty to help her , that night me , one of my cousin and her went back to XYZ city to our Aunt's house i.e. the third sister to our mothers and there at night she told me in detail that she also had physical relationship with that guy and once also got pregnant by mistake whereas got aborted soon. And in all this she also mentioned witnessed by one of my cousin sister that she is going to file a Rape case against that guy even though she had relationship with him with her consent, and her intentions were to destroy his future as an advocate and which she mentioned only is the way to satisfy her revenge for him

After this trip we started talking regularly about the case and even I went once to her place to discuss the case with 2 of her friends , during that visit I convinced her that putting a case against him is not going to solve anything and its better for her to start taking care of her career and future which she agreed and dropped the idea of filing the case against Daman and even I told her that I will support her financially also for her studies as she told me that she is not getting any support from her parents

After that I often started visiting her and meeting her since she used to say that she is totally alone and nobody supports her. During one of the visit we felt close to each other and once I came back we started thinking and feeling different about each other, we thought that we are coming close. we started connecting to each other and both started thinking that why can’t we go ahead and get settled as a married couple since she told that it is possible in many caste and will be possible in ours also if we try, I thought that whatever she is telling is making sense, and so we started getting along as a couple

 January 2010 - Feb 2010

I started going to her on the regular basis and we developed physical relation also during those visits and I was not too worried about that since she always used to tell that Physical relation between us will not be a big deal even if sometime in the future we have to separate due to family pressure then she will be supportive to me and will not bring out this factor. Also once she discussed with her father that if she gets married to me the I can take her outside country as my wife and later can divorce her but her father as per her didn’t agree and she left the home saying that she will never come back

During that period I left my JOB and was about to go abroad for my new role with new company but due to some reason i was not able to go so i started looking for another JOB and got a job in a southern city , I started planning to shift to that city on which she had a view that she will not be able to trust me since one of my ex girlfriend stays in that city, and she pushed me for this and asked me to take her with me onto which I thought that it is out of insecurity and I should help her in this and so I decided to take her with me.

March 2010 - April 2010

Feb 28th we went to that city and stayed with one of my friends house, where the first night itself she started fighting with for not giving attention to her and also talked about going back to her native onto which I gave her a choice that if she wants to she can and I will book the ticket , but she did calm down after a day.

Then we sifted to our rented apartment, where we started staying from date 7th March 2010 and 13 March I told my parents that she is with me and we want to get married , this was a shock to my parents and my mother almost got hospitalized so I thought of booking the tickets for myself and her to come back to Delhi and leave her to her place on to which she emotionally somehow convinced me that this all is Drama to pull you back and to separate us , and she didn’t agree to go back

After that day till 23th April I tried to convince her that my parents are suffering like anything because of this and the best way is to separate and talk with each other’s family and then decide what to do , on to which she always reacted very violently and abused me and my family , threatened me of reporting to police and ruining my career and future , I did keep my tries to convince her that this is not the way , but she continued to do this all the time and also once cut her wrist from several location to show me that she will actually do this and one day on 13th April she actually cut her right wrist deeply to prove that she will die if don’t marry her , 2 of my colleagues helped me in taking her to hospital where she was treated and wrist was stitched by Dr S of some Medical nursing home

I tried to explain her that both of our parents are in deep stress because of us and we should go back and try to convince them in a nice way but she never listen to me

Finally on 24th April i brought her back telling that her parents and my parents are coming to my home in Delhi and we will discuss this matter in front of them and will decide something. When we came back it was decide that we will stay apart for one month and our matter will be discussed after that.

Now presently she along with her family is threatening my family that either I should marry her or she will put a rape case on me else she will commit suicide which will affect our family and my future

 

 
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Advocate/Lawyer

If Y goes ahead and files the complaint of rape then X is in deep trouble ..... Y can put allegations that X had promised marriage due to which there was s*xual relationshiip between them ... Rape is a serious offence .... X can be arrested ... and would have seek bail which could take a couple of months ... then face the trial after filing of the chargesheet ......

 
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But as per Newspaper , isnt it that Supremem Court has ruled out to take any cases regarding Consensual Sex

As per Supreme court these cases cant be taken under trial as it is hard to prove how exactly the consent was taken .

Twice this article came in newspaper , once in oct 2009 and once recently in April 2010

 

 
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What is the current update on this case? One of my friend is also facing such issue due to case filed by first cousin(girl). Please update the moments.
 
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