pinjo wangyal (self employed) 29 July 2012

Rape under section 376 of ipc

if a rape case if registered after 9 months, is it still valid? are there any provisions in any of the rape laws in india that sets a time frame for the admitance of such above cases? dose the court take into consideration, in favour of the accused, that the presumed rape took too late to be registered, as one of the reasons for aqitting the accused i.e. could such late reporting be taken as a plus point by the defence for argument in favour of the accused?

waiting for ur reply soon,

thanks

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6 Replies

Hemang (Advocate) 29 July 2012

NO. Not at all. Late filing will not vitiate the proceeding. It will also depend upon the circumstances and explanation of the victim.

JANAK RAJ VATSA (ADVOCATE) 31 July 2012

in case the inordinate delay in reporting the rape case is unexplained with cogent reasons and the court is suspicious of the allegations by the procutrix, it may affect the outcome but there is no bar as to the reporting

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 August 2012

In this modern era s*xual intercourse and who was the male partner are easy to prove if reported immediately, through DNA tests. Immediate medical examination of the victim can also prove whether the act was by mutual consent or not. The alleged victim will lose these advantages if the complaint is delayed. Otherwise there are rape cases proven even when reported after several years (mostly of the poor due to political interference) and the accused convicted.

Rape law like other gender based laws are rightly biassed in favour of the female. In USA rape attracts capital punishment as in the case of murder.

SAINATH DEVALLA (LEGAL CONSULTANT) 04 August 2012

If a woman consents to having s*x with a man but then during intercourse says no, and the man continues, is it rape?The answer depends on where you live. There is no time frame for registering the complaint by the victim.In this age of modern technology everything can be proved,if dealt rightly.

R Trivedi (advocate.dma@gmail.com) 15 November 2012

Some erudite (stupid) observations have come "If a woman comes forward and reports that so an so has raped her, that means there has to be some truth in her allegation, since in our society no woman will put her image at stake and come forward with such reporting". How can a male defend this erudite observation ? He can't, most likely.

In any criminal trial, allegations have to be supported by evidence, direct or circumstantial. Obviously she cannot have any direct evidence but circumstantial evidence coupled with above great observation can put you into some kind of trouble.