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sonia (none)     11 November 2012

Sexually exploited on false promise of martriage

I am a  23 yr old physically challenged girl (I went through a fire accident in school wen i was 9yrs old.both my hands are burnt, ).i was in a serious relationship with a boy for 4yrz.since the begining i made it clear that i would not have s*x with him if he had no intention to marry me,well he did seem convincing when he said he wanted to marry me ,We had s*x many times in all these years.I do have the proofs i.e the hotels we checked in,his id was used , hav photographs,fb chats.etc .this year in july i came to know he had cheated on me by having an affair for two months with his friends girlfriend.The day this girls called me from his cell and informed me and asked me to stay away,i asked my boyfriend the truth.he admitted,bt since that day he started telling he hates me,he does not want to marry me ,he has changed his mind,when i asked him whr am I at fault?he simply said he feels he does not need a commitment,i begged him a lot coz everyone in my family and friends knew i was in a relationship with this boy.I had even rejected the few wedding alliances i had got, because of him telling me to do so..I somehow convinced him to try making it work,i gave it my best shot.bt again within a month he again started telling me he hates me.I could not see whr was i at fault.i asked for a reason,he said he dint owe me a reason at all ......now i realise he had betrayed a girl in his life long before we had even met ,he lead her to believe he would marry her and exploited her physically.he told me just half the story,bt now when i look back and calculate i guess he put her through the same misery like me  ....and the girl with whom he cheated on me.he lied to her too that he was single and had no girlfriend....i have come to a conclusion that i had chosen the wrong guy.a guy who sleeps around with girls promising fake stuff.i tried forgetting things .i tried moving on .i am not able to .I hav told my mom everything from the start to the end,.my mom has agreed to help me punish him legally..i only want to know what would be the consequences for me if i file a rape case on him.i have read a lot on section 375 and 376(consent given under misconception)..i really want to do this.SOMEONE PLZ GUIDE ME ...I HAVE A FEELING IF I DONT HAVE HIM PUNISHED I MIGHT END UP HARMING MYSELF ..How do i go about this whole F.I.R thing?what all do i need to say in the p.s?according to u'll will he face punishmen? if yes,then for how long? his friends keep contacting me .I want to tell them about my decision with the intention that they might pass the news to him,and he will get scared and apologise...but what i dint disclose this plan coz he might apply for an anticipatory bail...can he apply for a bail?will he be granted a bail? r guidance is needed..I AM DOING THIS FOR MYSELF,FOR THE GIRLS HE MIGHT TRAP AFTER ME AND WARNING FOR THE BOYS WHO HAVE  ADAPTED THIS CHEAP STYLE



Learning

 25 Replies

R Trivedi (advocate.dma@gmail.com)     11 November 2012

With due ragards to you and with due empathy, I would seriously advise you to refrain from this as this kind of litigation shall be very lengthy and not much can be availed except prolonged bitterness. I am not discouraging you but circumstances are not very conducive for you. I strongly feel that by the time your case will be decided (may be a decade), the Apex Court will surely rule such relationship out of perview of S.375. Just consider,

 

1. There is no force involved in such matters..

2. It is like a void contract, we do this and we do that.

3. Both are party to this and this is always mutual.

3. It puts the girl involved in kind of naive category.

4. Misconception is defined in IPC, and in true since it is neither misconception, nor threat, nor deceipt. Misconception is untrue representation of fact, it has nothing to do with promise. 

 

and the mute question is what if after  years the girl says no to boy ??

 

 Still get in touch with local layer, see if he can help you.

 

 

 


Ravikant Soni (LAWYER IN JAIPUR)     11 November 2012

I have sympathy with you. As you told that you have read a lot abt 375 and 376 of IPC, I suggest you plz go thru this Apex court rulling. then come againt to this forum....

https://www.indiankanoon.org/doc/1100330/

Ravikant Soni (LAWYER IN JAIPUR)     11 November 2012

But If your story is like as the case hereinafter i mention, then you may succeed...

https://www.indiankanoon.org/doc/57435104/

Ravikant Soni (LAWYER IN JAIPUR)     12 November 2012

So also in the case:

https://indiankanoon.org/doc/1094063/ 

Yadle srinivas rao vs state

Rahul Kapoor (Legal Enthusiast)     12 November 2012

hello,

AB is rarely given for such grave offences.

fight your case on merits.

 

regards-

rahul.gogreen@gmail.com


Chetan Joshi (Advisory/Advocacy)     13 November 2012

Sonia....Never lose heart...

 

You have to come up and fight it and set an example for females who suffer like you in the hands of brutal men...

 

Read the judgements by Mr. Soni and you will realise that your consent was no consent at all...

 

You are going to need a lawyer throughout to guide you professionaly and anticipatory bail will not be granted that easy..

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Ashimta Lekhi Malhotra (Independent Lawyer)     13 November 2012

Do not take this lying down, Sonia. File a case of rape against this man to teach an unforgiveable lesson to him and to set a deterrent for all those men who view women as objects of s*x.

R Trivedi (advocate.dma@gmail.com)     13 November 2012

You have the proof of all the consensual meetings, Hotels, FB Chats, photographs etc. You are filing the case because he did not marry you after spending four years with you as a close partner. He is not a criminal, neither he has cheated you. You were intelligent enought to put a condition that no intimacy if no marriage, then you should have analysed that future is not guaranteed for any one. Take it differently, a normal couple meets and after spending few years, some unfortunate accident happens and one of the partner (say the girl) gets disfigured, and the boy decides not to marry her ? Can she force him ? Can she call him rapist ? Please understand misconception and consent as defined in the S.375/6 and S.90 are not falling in what you are descibing.

 

Outcome of any legal matter cannot be predicted in advance, you may get him behind the bar for sometime due to over enthusiastic police force in such matters, but it will be a prolonged and difficult journey for you. You were party to relationship, by no stretch of imagination he can be called as rapist in general terms, legal position aside. So its my genuine advise you have a long life to lead, concentrate on positive energy and have faith in GOD, make your life smoother rather than getting stuck into a case which will not give you anything at the end. You decide !!

 

If while having intercourse with her partner, if a normal woman does not feel pleasure or happiness and remains listless, then she is being treated as object, but if she is the willing party and enjoys the act within physical needs, then she cannot be termed as object. Were you treated by him as an object ?? I am sure not.

sonia (none)     14 November 2012

i appreciate each of ur valuable advice ..as posted by MR.TRIVEDI.I agree it will be a lenghty battle.bt trust me i thought a lot,,,clearing a point u stated,i was disfigured wen i was a 9 yr old.When i met this guy i was already in a bad state.he gave me an assurance that he would marry me,he made me reject alliances,AND YES THIS GUY CHEATED ON ME,THE DAY HE WAS CAUGHT HE STARTED TELLING STUFF LIKE HE HAD DECIDED HE WOULD NOT WANT TO SPEND LIFE WITH ME ...i have proofs that we were intimate,and many witnesses that he showed commitment.i need your guidance..if i file a complaint hw long will it take for his bail petition to be accepted?will he opt for compromise as i knw he does nt come from a very financially sound background?i heard if its mentioned in the charge sheet that i am physicallly challenged he will face a lot of problems regarding his bail petition..

sonia (none)     14 November 2012

MR RAVIKAANTH SONI,I TRULY APPRECIATE UR INTREST ..WHAT ACCORDING TO U SHOULD I DO NOW?DO U SUGGEST THAT I GO AHEAD ANDJUS FILE A COMPLAINT?


Samar Garg (Trader)     14 November 2012

This is certain, that a man that studieth revenge keeps his wounds green, which otherwise would heal and do well.  -  Francis Bacon 

 

Love has its place, as does hate. Peace has its place, as does war. Mercy has its place, as do cruelty and revenge. - Meir Kahane 

 

If you prick us do we not bleed? If you tickle us do we not laugh? If you poison us do we not die? And if you wrong us shall we not revenge?  William Shakespeare 

 

Sonia, good luck and get going.. consult a good counsel with all your material evidences and the witness you can bank upon as since these are the people going to get you the justice in long run.

 

However, i am not a Lawyer but i am god fearing person.... far as i have been through the gist of your matter.. to some extent you were wrong to give all of yourself to this guy, come whatever may be was his so called promise to you. The society has made a certain limits & restrictions for we human beings, and failing which we have to face the consequences. Sow shall you reap. Physical relation is a charm, and a charm of something last only till you dont have it easily available. Am not telling you to step back of your legal action which is your born right, but you still have your life, family support, future for yourself so before spoiling your so-called lover's all these think twice and make a self assesment of your karma's. I believe you must be feeling that he has spoiled all your life but again whatever he has done was with your consent & when you are doing an act which is restricted in our society and is not allowed by you parents or even without their consent that means you are not dealing with reliable peoples and one fine day you have to face the consequences. I can understand that your feelings are hurt but the establishment of your feelings were so weak, driven by only Lust &  Lies that this was to happen sooner or later.

But believe in God because sab kuch insaan hi nai hai is dharti pe,.

 

When you begin a journey of revenge, start by digging two graves: one for your enemy, and one for yourself.” ― Jodi PicoultNineteen Minutes


sonia (none)     15 November 2012

Mr.samar garg,thanks for ur advice,i totally appreaciate it...bt here i am talking about a girls self respect.he painted a false promise of marriage,i was naive to believe i agree ..bt trust me i thought he is my future husband,,wat provokes me further is that he is nt sorry even one bit..i really dont intend to punish him forver..bt if i dont punish him at all then i will never feel at peace..i want him to apologise and fullfill the promise he made.i vill tell him i dont want him..i have a very strong feeling that when i book a case he will ask fr compromise i.e offer me marriage,or atleast wat do i want...i only want to know weather incase he agrees to face the case hw many times in my case his bail petition will be rejected according to u experts experience

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

Court is not for you to feel peace !! Rape is a crminal offence and court will decide the same on merit. Decide yourself and then go ahead, either with the case or find peace somewhere else. 

Samar Garg (Trader)     16 November 2012

Originally posted by : sonia

Mr.samar garg,thanks for ur advice,i totally appreaciate it...bt here i am talking about a girls self respect.he painted a false promise of marriage,i was naive to believe i agree ..bt trust me i thought he is my future husband,,wat provokes me further is that he is nt sorry even one bit..i really dont intend to punish him forver..bt if i dont punish him at all then i will never feel at peace..i want him to apologise and fullfill the promise he made.i vill tell him i dont want him..i have a very strong feeling that when i book a case he will ask fr compromise i.e offer me marriage,or atleast wat do i want...i only want to know weather incase he agrees to face the case hw many times in my case his bail petition will be rejected according to u experts experience

 

 

Sonia,

 

I have answers to all your questions & to prove that the rage inside you will definetly burn you someday but i feel that any discussion further to this point is too personal to talk on this place.. Just think that even if he marries you after u slap a cri. case on him, what kind of relationship you both will be sharing b/ween ? if you are talking about a girls self respect then a boy is also caring his ego.. even if he marries you to boycot this Rape case you will soon end up filing dowry and divorce case.. 

 

A few posts back you were talking that "I AM DOING THIS FOR MYSELF,FOR THE GIRLS HE MIGHT TRAP AFTER ME AND WARNING FOR THE BOYS WHO HAVE  ADAPTED THIS CHEAP STYLE"  even if so sonia,i tell you that there are numerous convicts of Rape languishing in the prisons of india, and uncountable cases are pending before the courts, but still it happened with you, and you think he will marry you after you file this case on him- Forget this, once he is in the net, he is also going to consult his counsel & with the kind of grip you have on this case any Tom, d**k or harry lawyer will prefer him to contest the case & that will only bring more differences & revenge b/ween you two.

 

Sec. 376 of IPC is triable by a magistrate of First class that is in the court of sessions and 376 will be allocated in a fast track court, once the police custody is over he may apply for bail once in Magistrate court, Sessions court, High court and supreme court, however this BA will be surely rejected from magistrate and sessions court before chargesheet & this process itself will take atleast 30-40days, police has to file the chargesheet with 90days of his arrest... failing which he will get bail from any court, and if the chargesheet is filed within the speculated time period he can once again approach the Trial or Sessions court, High court and supreme court for bail. ( Some Ld.counsel even prefer to go for 2-3benches court for review in HC or SC if the plea is rejected on single bench court.) If he does'nt get bail on all these occasions then the trial will be conducted & once the deposition of witness start(evidence) depending upon the way it heads he can again reach a higher court for bail. Rejecting or allowing a bail depends in the view made of the arguments done by prosecution and defense on the gravity of chargesheet which comprise of your medical report and the statements recorded of the witness during the course of investigation. I have myself spent more than a year in prison for a murder case and i have never came through such a rape case where the matter was settled for the sake of marriage and only getting bail will not be a permanent solution to him and neither filing case will be a permanent solution for you to get peace, you will be called in the court and police stations several times, if he gets a bail and he doesnt marry you that will hurt you more and will provoke you for further revenge, if he doesnt get bail & contest you in court your ultimate need will still be not fulfilled hence no peace in life.

 

Life is beautiful, live it, move on.



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