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manu (advocate)     03 November 2009

rape- pls help

sirs,

pls enlighten with decisions wherein it has been held that delay in lodging first information report in rape cases is a good ground for an accused to be released on bail. pls consider this as very urgent.

regards

manu



Learning

 9 Replies

saumit joshi (advocate)     03 November 2009

now it doent make any difference in delaying FIR in rape cases.,bcoz SC delivered the judgements in such a cases on delaying FIR due to reason of victim's mental condition after incident.but i helps to accussed for granting bail in some cases as per factual aspect of the matter.

Suchitra. S (Advocate)     03 November 2009

Manu Sir, granting bail for non bailable offences is left to the discretion of the courts. But as Saumit sir has told, even though there is delay in filing FIR, court may grant bail in some cases.

Sanjeev Kuchhal (Publishers)     03 November 2009

Please mention how much delay is there and what are the other grounds for bail besides delay.

Sanjeev Kuchhal (Publishers)     03 November 2009

Please find attached one such case


Attached File : 4 4 rape bail delay1.txt downloaded: 238 times

Sanjeev Kuchhal (Publishers)     03 November 2009

One more case


Attached File : 39 39 rape bail delay2.txt downloaded: 209 times

Meenakshi (Lawyer)     04 November 2009

 Not any more....In cases of violence against women the laws are very supportive towards women.

An anticipatory bail can be granted though considering the fact that the actress slept over her rights of taking a legal action for 7 months between march and september...This in a way is Vengeance...Unable to fulfil the promise she filed a F.I.R saying its against her will which is baseless and cannot be considered rape in the first place .Rape is s*xual intercourse without consent of the person.Had it been rape which means against the will of the women then she would have entertained the accused after having being raped or would file F.I.R

The charges genuine i see is breach of trust...Falase Promise that can be charged against the accused...

Prove in the court that the women was ready to compromise and also it wasnt foreful has it been forceful she would not revert back going to all places you have mentioned.Thanks


(Guest)

Making delay in filing FIR may help the accussed for getting the bail. It is depending upon court's discretion.

manu (advocate)     06 November 2009

thanks a lot

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 November 2009

Manu ji,

Bail depends upon case to case, so u may share the FIR contents and then we can discuss that the bail will be granted or not.

Regards

adv.kamal.grover@gmail.com


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