The girl can raise the point of rape on the promise of marriage and then the person is in trouble.
Pravin 23 August 2016
The girl can raise the point of rape on the promise of marriage and then the person is in trouble.
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 August 2016
| Originally posted by : Pravin | ||
 |
The girl can raise the point of rape on the promise of marriage and then the person is in trouble. |  |
"rape on the promise of marriage" - Prima-Facie does not fall under the defination rape.
Burden of proof such cases lies on her.
Pawan S (Advocate) 23 August 2016
| Originally posted by : Pravin | ||
|
The girl can raise the point of rape on the promise of marriage and then the person is in trouble. | |
Correct. Practically, HC hesitates in quashing the rape cases (either false/true). So, the accused has to defend himself in the trial itself.
The case will fall under 375 IPC or not, this only gets decided in the trial. In any case, the accuse has to attend the hearings and it is likewise a time consuming procedure.
Which will waste the time, the money, the effort of the accuse & his family. This kind of events can bring lots of trouble.
Pawan S (Advocate) 23 August 2016
@Reddi, As I mentioned in my previous post, Practical is very dissimilar from what you see in theory.
@Rocky - HC will not even entertain the Speedy trial petition in this case. The girl has not filed any suits against the querist and he is advised to file the speedy trial. The petition will get rejected by HC for sure.
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 August 2016
| Originally posted by : Ekta | ||
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@Reddi, As I mentioned in my previous post, Practical is very dissimilar from what you see in theory. @Rocky - HC will not even entertain the Speedy trial petition in this case. The girl has not filed any suits against the querist and he is advised to file the speedy trial. The petition will get rejected by HC for sure. |
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@ Ekta,
Where did I advised to apply for speedy trial in this thread where no case is registered yet ?
@ Quest,
It is advised to apply for anticipatory bail u/s 438 CrPC in District Court or HC to avoid any initial harassment. Party-In-person.
Pawan S (Advocate) 25 August 2016
| Originally posted by : autohide4u | ||
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I agree with Mr Rocky Smith. Before girl files any complaint, boy should move to high court and apply for speedy trial. | |
I commented due to the suggestions above.
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