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kavitha (not working)     15 November 2011

Sec 417

hi i worked in a call center before my trainingmate proposed me by stating he want to marry me ... and he tortured me like anything finally i accept is proposal i love him like anything, we had a physical realationship too he taken me too resort, beach , theatre but after 5 month i found that he alrady loving a girl going to marry within a year nov 2012 , when we had s*x we not able to do intercourse bcas i shout loud so he leaved me , we had non penetrative s*x oral and fingering ... now he refused to marry me , i already commit a suicide bt my parents saved me , now i files complaint againt him police didnt take proper action , so i contacted a lawyer going to file sec 417 on him , because he wantedly cheated me for s*x that i cant tolerate he know that i am virgin so he is ready for medical test also, i have last 4month sms evidence like how he proposed me , marriage assurance msg, , resort msg etc and call hostory will i get justice pls advice me?????? i am really depressed



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 26 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     15 November 2011

This person was never urs ....... so it's better to forget him rather than cling on to him thinking he will marry u ...... u want to punish him is a different thing ..... but be aware of all the consequences and the slow speed of the indian law ....... u are young now and as mentioned by you little harm has been caused to u .......

Sankaranarayanan (Advocate)     15 November 2011

yes , you follow  mr  dharmesh 's advise, bcz it is also affect your future too. so think twise and procced it.

kavitha (not working)     15 November 2011

but he accept that he taken me to resort, but he lied like i am is close friend , i have last 4 month sms details of our relationship , so pls tel me if i proceed and i proved what judgement they wil give ????

kavitha (not working)     15 November 2011

in court will they take sms evidence or not?????? and its clear he cheated me in the name of marriage assurance , so wont he punished under cheating atleast ,, i am ready to fight so need your guidance
 

Sankaranarayanan (Advocate)     15 November 2011

yes those all evidence no one against it, but at the same time you think about your future too. Because of your complaint you too answerable for all question which put in court.

kavitha (not working)     15 November 2011

tanx mr.sankar narayanan , but you have any idea of this case before , if i proved what judgement they will provide ????

Sankaranarayanan (Advocate)     15 November 2011

you better to approach a lawyer and explain with all evidence , sure she or he will guide you .

kavitha (not working)     15 November 2011

i already approach a lawyer , filed a complaint too want to know more about this 417 sec like about bail and punishment

Sankaranarayanan (Advocate)     15 November 2011

417. Punishment for cheating.-Whoever cheats shall be punished with
imprisonment of either descripttion for a term which may extend to one
year, or with fine, or with both.

Dharmesh Manjeshwar (Advocate/Lawyer)     15 November 2011

and Section - 415 defines Cheating

415. Cheating.--Whoever, by deceiving any person, fraudulently or

dishonestly induces the person so deceived to deliver any property to

any person, or to consent that any person shall retain any property,

or intentionally induces the person so deceived to do or omit to do

anything which he would not do or omit if he were not so deceived, and

which act or omission causes or is likely to cause damage or harm to

that person in body, mind, reputation or property, is said to "cheat".

Norbu Lama (Finance Officer)     16 November 2011

Do whatever you like but for an advice I too would suggest you to forgive and forget because this will be good for you. But before that do save the other girl by providing her all fact and evidences so that she too may not be cheated.

kavitha (not working)     16 November 2011

i already inform that girl but she didnt believe me , she asking that guy if you need s*x you can go for call girl r8 why you dng like this will you marry me today itself etc " she didnt bother about me  so i am going to file FIR then i will get last 4month sms details with the police help , because that guy using airtel postpaid connection and i will show that details to their parents too....

kavitha (not working)     16 November 2011

and moreover how could i leave that guy , he wantedly cheated me and he broke my heart my oly worry i am ready to fight against him, but will i get justice i dont want any compensation they should give atleast 1 year to him .... then he will know the pain , i committed suicide for him but he dnt care about me such a stone hearted he didnt feel guilty also.... :(

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 November 2011

Dear kavitha

According to Indian PEnal Code this case is only a breach of Trust

please read it

Section 376. Punishment for rape

 

1[376. Punishment for rape.—(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either descripttion for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either descripttion for a term which may extend to two years or with fine or with both:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

 

(2) Whoever: -

 

(a) Being a police officer commits rape-

 

(i) Within the limits of the police station to which he is appointed; or

 

(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or

 

(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

 

(b) Being a public servant, takes advantage of his official position and commits rape on a woman is custody as such public servant or in the custody of a public servant subordinate to him; or

 

(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

 

(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

 

(e) Commits rape on a woman knowing her to be pregnant; or

 

(f) Commits rape when she is under twelve years of age; or

 

(g) Commits gang rape,

 

Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either descripttion for a term of less than ten years.

 

Explanation 1

 

Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

 

Explanation 2

 

"Women's or children's institution "means an institution, whether called an orphanage of a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children.

 

Explanation: 3

 

"Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation].


CLASSIFICATION OF OFFENCE

 

Para I

 

Punishment—Imprisonment for life or imprisonment for ten years and fine—Cognizable—Non-bailable—Triable by Court of Ses­sion—Non-compoundable.

 

Para II

 

Punishment—Imprisonment for two years or fine or both—Non-Cognizable—Bailable—Triable by Court of Session—Non-compoundable.

 

 

Comments

 

Charge

 

Section 376(2)(g) embodies a principle of joint liability and the essence of that liability is the existence of common intention; that common intention presupposes prior concert which may be determined from the conduct of offenders revealed during the course of action and it could arise and be formed suddenly, but there must be meeting of minds. It is not enough to have the same intention independently of each of the offender. In such cases, there must be criminal sharing, marking out a certain measure of jointness in the commission of offence; Ashok Kumar v. State of Haryana, AIR 2003 SC 777.

 

Corroborative evidence

 

Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).

 

Medical evidence

 

(i) Medical evidence corroborated by version of prosecutrix independent witness also in favour of the victim. No evidence of causing an unknown person a false implication at the cost of family name, conviction based on her evidence upheld; Lakha v. State of Rajasthan, 1999 Cr LJ 3418 (Raj).

 

(ii) Where an innocent girl of just 9 years is caught hold and raped by accused, and FIR is lodged well in time, evidence of her testimony also corroborated by medical evidence, no evidence for false implication, failure on part of investigation are not enough to deny version of prosecutrix and other corroborative evidences; Najoor Ahmad v. State of Bihar, 1999 Cr LJ 2550 (Pat).

 

Prosecutrix consenting to s*xual intercourse

 

(i) If a woman meekly submits to s*xual intercourse it would be a case of consent; State of Maharashtra v. Suresh Nivrutti Bhu­sare, (1997) 2 Crimes 257 (Bom).

 

(ii) Normally a woman would not falsely implicate for the of­fence of rape at the cost of her character. In Indian society, it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped; Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).

 

Rape and abetment to suicide

 

It has been held that the concent cannot be inferred merely because co-accused was present in house at the time accused raped the victim. Neither can co-accused be convicted under section 376(2)(g) merely because victim girl allegedly stated before committing suicide that both of accused raped her; Ashok Kumar v. State of Haryana, AIR 2003 SC 777.

 

Rape of a minor

 

(i) Where a minor girl just 10 years of age raped by accused, a minor of 16 years on the date of incident, convicted and sentenced to 3 years R.I., therefore, since then many years added to his age, he cannot be even sent to an approved school under the Act and as such his conviction is maintained but sentence set aside; Bire alias Bir Bahadur Singh v. State of Uttar Pradesh, 2000 Cr LJ 87 (All).

 

(ii) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting party to the s*xual inter­course does not arise or is of no consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P&H).

 

 


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