• How to defend false attempt to rape case

The boy against whom the attempt to rape case is lodged was in relationship with the girl for 4 years without the consent of girls family.  The girl is adult. 1 month earlier there was an incident of domestic violence by the girls mother for continuing the relationship and she was injured and hospitalised. Now the case filed alleging that the boy have tried to attempt rape forcibly to the girl entering their home in absence of her family.How to get bail? How to fight the case? Telephonic communications was regular among them.case filed under 448/511/376 of IPC.
Asked 3 years ago in Criminal Law from Cooch Behar, West Bengal
Religion: Hindu
1. It must be consensual sex , if any, more so when they are in relationship for some time.
2. if their long relationship can be prima facie established then there should not be any difficulty for bail.
3. So first take bail, preferably anticipatory bail and then fight the case on merit. The case should fall flat during trial.
Devajyoti Barman
Advocate, Kolkata
12838 Answers
166 Consultations

5.0 on 5.0

1. To get bail you should engage a lawyer and apply for bail. It is as simple as that. However, as the charges are serious the bail may be rejected, in which event you may move the higher court.

2. Since there were regular communications among them the record can be produced in the court to show that sexual relationship was consensual. There is a good chance that bail may be given.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1.Who has filed he complaint/case?

2. How he girl has filed it when there was a DV committed against her by her mother?

3. The FIR is required to be seen to advis further,

4. udio record the conversations with the girl and insist her to explain why did she file such complaint and what is the case actually,

5. Engage a lawyer having expetise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

Dear Querist
File anticipatory bail before session court or High Court under section 438 of Cr.P.C.

section 376 can not be applicable in this case, the section can be added 354 of IPC.

You may contact a lawyer personally or over the phone after pay the consultation fee
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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