• Accusation of rape

I had sex wth my gf years back..then we broke up recently..can she accuse me of rape?? her parents were there in the house then yet she didnot raise any alarm..now since we r separated she s raising it..wat to do.??
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

It was consensual sex . No promise of marriage was made

2) no case of rapeunder section376 of IPC is made out

3) if girl files rape case obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) does she have any SMS . Emails , chats wherein you promised her marriage

2) if she does not have any such evidence it would be difficult for her to prove rape

3) don't marry her under pressure

4) obtain AB in case rape case is filed

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1.For consensual sex no case f rape arises.

2.However problem is when the gf out of vendetta or grudge raises allegation of sex on promise of marriage which is cheating.

3. She may also raise allegations of forceful sex which amounts of rape.

4. Since she is changing her stand keep distance from her .

5. If she threatens you on false accusations inform the police.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Please do kot worry, these are just the attempts to threat you, as now there will be no medical evidence and already there is a delay in lodging FIR.

Do not worry

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

In your case under the guise of love affair and pretense of marriage you deceived her and enjoyed her sexually. Guilty intention is an essential ingredient of the offence of cheating and to secure conviction of a person for the offence of cheating, Having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to commission of rape particularly when the boy from very inception had no intention of marrying the girl. Mens rea on the part of that person must be established and the intention to deceive should be in existence at the time when the inducement was offered as also laid down in Mahadeo Prasad vs State of West Bengal and in Uday .

Having sex with a girl on the false promise of marriage and later refusing to tie the marriage knot may amount to commission of rape, particularly when the boy from very inception had no intention of marrying the girl. intentional inducement’ after giving ‘false of promise of marriage’ squarely falls within the ‘mischief’ of the definition of cheating .

Even though in the case of an educated lady the court has another view;

Calcutta High Court in Jayanti Rani Panda v. State of West Bengal & Anr., wherein the accused was a teacher of the local village school and used to visit the residence of the prosecutrix. One day during the absence of the parents of the prosecutrix he expressed his love for her and his desire to marry her. The prosecutrix was also willing and the accused promised to marry her once he obtained the consent of his parents. Acting on such assurance the prosecutrix started cohabiting with the accused and this continued for several months during which period the accused spent several nights with her. Eventually when she conceived and insisted that the marriage should be performed as quickly as possible, the accused suggested an abortion and agreed to marry her later. Since the proposal was not acceptable to the prosecutrix, the accused disowned the promise and stopped visiting her house. It was held that “if a fully grown up girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act induced by misconception of fact and Section 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her.”

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Consensual sex between you two cannot be termed as rape.

The court will not accept the consensual sex as rape, but if you had promised her to marry her and then had sex with her . she may lodge a cheating complaint agaisnt you which can be booked under section 417 UPC

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

she s now saying that she didnt give her consent..that it was forceful..promises of marraige was made..and i m willing to marry her..but she wont come back..

If you are ready to marry her then you can express the same before police who will drop the charges after that.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. If she accuses you for raping her, then she shall have to submit evidence in support of her allegation.

2. On receipt of her said complaint she will be required to be tested medically where the evidence of s*xual encounter with you shall have to be recorded by the doctor.

3. Since you had s*x with her years ago, it will not be possible for her to gather any medical evidence in support of her allegation that you have raped her.

4. Rape means establishing s*xual relationship with some one forcibly against her consent and in such case, she is expected to report the matter to the police immediately after happening of the incidence on her and not after years.

5. She can lodge a police complaint alleging that you have had s*xual relationship with her with the promise of marriage and are now refusing to marry her and such cases also are considered as rape by Courts and in this case she shall have to prove that you had promised her marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If she claims that you had s*x with her with the promise of marriage and you also sate that you are stiull willing to marry her and she herself does not want it then there will be no case at all.

2. There will be no merit in her complaint of rape before years if she lodges such complaint now under the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

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