• Fake sexual assault case

Type your question here. Do not use ALL CAPS. One of my cousin is accusing me that I had promised her to marriage and after denying her, she claims that I had made physical relationship with her 3 times, 8 months ago. She is threatening me that she will consume poison and she will go to court. I had some messages where I am trying to convince her that it is not possible. All her claims are oral, fake and with no evidence. But I am afraid that if she complaint against me, police will take her side because she is a girl. Sir I am very tensed please guide me. Is it medically possible that I will prove innocent that I had not made any physical relation with her ?
Asked 8 years ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

1. Before she commits suicide or files a false complaint you should file a complaint against her for criminal intimidation under section 506 and also 389 IPC to the nearest police station.

2. Medical examination will reveal nothing.

3. If police manages to arrest you then it will certainly harm your career prospects. So if a FIR gets lodges against you for rape or cheating then apply for anticipatory bail immediately.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.There must be some reasons behind such allegations otherwise no cousin suddenly try to raise such allegations agaisnt her own relative.

2. if there is indeed some reason try to solve t amicably.

3.It is not clear whether you indeed had physical relationship with her.

4. Though In such cases even if she files cases the case is difficult to be proved and in most cases the accused persons gets acquitted.

5.The real problem is if FIR is registered and trial is started then your career for government job would be finished for ever though no adverse impact is likely to be there in private job.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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.

A case where the girl agrees to have sexual intercourse on account of her love and passion for the boy and not solely on account of the misrepresentations made to her by the boy or a case where a boy, on account of circumstances, which he could not have foreseen or which are beyond his control, does not marry her despite having all good intention to do so, has to be treated differently

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

No intention to marry her right from the beginning

he accused had no intention to marry her right from the beginning and committed sexual intercourse totally under the misconception of fact by prosecutrix that he would marry her. Comes under Rape. Hon’ble Supreme Court said in such cases “factors like the age of the girl, her education and her status in the society and likewise the social status of the boy’ are necessary considerations. If prosecutrix was also equally keen, then in that case the offence is condoned. But in case a poor girl placed in a peculiar circumstance where her father has died and she does not understand what the consequences may result for indulging into such acts and when the accused promised to marry but he never intended to marry right from the beginning then the consent of the girl is of no consequence. A consent obtained by misconception while playing a fraud is not consent.”

If the accused persuaded a girl of tender age that he would marry her then such consent was not obtained voluntarily but under a misconception of fact and the accused right from the beginning never intended to fulfill the promise. Such fraudulent consent cannot be said to be consent so as to condone the offence of the accused.

So if she file a false case take an anticipatory bail and contest the case with cogent evidence and prove you are innocent.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

you send a message to her that marriage among cousins falls within prohibited degree of relationship

2)that you never had sex with her nor promised her marriage

3) talk to your cousin parents . in the event any case is filed it would only harm reputation of the parties

4) apply for and obtain AB in case false case of rape is filed

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

rely upon whats app messages to prove your innocence

apply for and obtain AB from sessions court if cousin file case of rape under section 376 of IPC

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Sir nothing can be done before she files a case, but yes bereft of any evidence even if she files an FIR there will be no outcome.

Since you are in UP anticipatory bail also can not be sought.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hiii brother ,, if you did not have any physical relation with your cousin , then you don't have to worry ... No one can be punished for the offence that he has not committed..the question is why is she blackmailing you then??? 2) if she continues to make such threat , consult some elder family member and try to solve the matter amicably..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

She is an adult and is capable of knowing the repercussions of maintaining physical relationship with you. If despite knowing all this, she voluntary continued to be in a relationship with you, her allegations are empty and have no legal backing.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

She cannot accuse you with rape offences, but she may use the tool of consensual sex with promise to marry but now not willing to marry you.

This amounts to cheating under section 417 IPC

However she can be subjected to medical examination if she throws such blatant alegations without any evidence or corroboration.

In the event of FIR, you may first obtain AB and then challenge her case properly in the trial proceedings with the help of a skilled lawyer.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Sir if police arrest me what may I do. Can it will affect in my future career ? Sir please guide me some legal way. I had some whatsapp messages which says that I am not a guilty.

First of all obtain AB in case a FIR is registered.

You can tackle the case in the trial proceedings properly on merits in your side.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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