hello sir; I am rajeev from indore. my friend name sushil age 29 .he is in mp police as constable(indore) and one girl name pooja,age 30 .she is also a constable(satna). and she belongs to our family relation. the fact is that they had both talked with phone from six month. and in 2 march 2014 , physical relation has occured between them. after 20 days she told to him and insisted to marriage. but sushil told to her if our famiy agreed we will marry. but finally family has refused their proposal. and sushil reduced to talked with her by picking her call and she told if he will not marry , she will registered a case of rape and dowry.means now she wants to take revenge and making pressure to marry. and she registered a case of rape on 26 april 2014 and told that she is having evidence condom i.e he used at that tym and single hair.(not confirm that all she is having or not) but if she feels that a case of rape so why she registered case after 1.5 month, why she had not register case after 2 days or a week from 2 march. means she is blackmailing to him and wants revenge.second thing is that in her first complain application on 16 april 2014 she has written that only she saved almost and sushil is not a good person.he is a double dealer but not mention any kind of physical relation or rape and dowry. but after one week she again submitt another application and mention that sushil done rape. so in first application and second applicatio, she used different thing so plz suggest me what should we do. girls parents also wants to stop the case and they are in favour with us and everyone trying to convience her from both families.but she is not agree and said she wants revenge. and S.P police told to both that its a case of department so it is good to compromise otherwise both you will suffer. so what we have to do now, means if we go with law so we are in safe side or not. and i want to know if she is having condom dat used in 2 march. so there any detection will out dat condom used by dat person.
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1. Do not worry,as per recent decisions of supreme court consensual sex between two aduts are not more considered as rape even if one partner refuses to marry another.
2. Ask your friend to lodge counter complaint of blackmailing and criminal intimidation against the said girl.
Question is whether ur friend had given any promise of marriage to that lady before sex, if no , then ur friend is under no obligation to marry that lady as per recent judgement of Supreme Court, but it is suggested that as both the two are from same Department and jobs, to reconcile the matter amicably, otherwise both will be left with malicious prosecution between each other that may hamper and effect each others job and family.
First of all try to settle the matter amicably other file a criminal case under section 383/384 of ipc against her.
1. Your friend is under no obligation to marry her. This lady with her own free will agreed to having sex with your friend. As such, she cannot now claim to have been raped. Condom does not prove rape. It only proves the intercourse.
2. Now that she has registered a false case against your friend he should take bail and contest the case on merits.
In her first complain application on 16 april 2014 she has written that only she saved almost and sushil is not a good person.he is a double dealer but not mention any kind of physical relation or rape and dowry. but after one week she again submitted another application and mention that sushil done rape. is this wrong means first she only complain in casual way.. but after 8 days she has written different statemnt.
Contradictions of her statements in two complaints will help the accused person only.
It is good for him.
Hi,
An FIR can be lodged for rape law has provision for that. whether this act will be treated as a mutual agreed sex or rape only the trial will prove . so It i s not advisable to drag this to FIR and trial. Go for a settlement and finish it.it is not important to question the intention of the woman who files the complaint as her intentions are clear , to get the person involved in her way. The circumstantial evidence and the deposition of the victim can nail the man. So deal it wisely.
so wat about the evidence . actually she started torture to him and his family by saying that she has condom (used in 2 march by sushil and one single head hair) but as everyone understood they done physical relation with consent to each other.
please reply to my question, what should we have to do ??
1. If your friend can prove that it was a consentual S*X with her,then nothing will happen to her,
2. If she can prove that it was not a consentual S*X or that it was a consentual S*X with the promise of marriage which is being refused now, then it will be considered as rape & your friend will be dealt with accordingly.
1. Contradictions in the two complaints are icing on the cake for your friend in as much as they falsify her case.
2. I have earlier also made it clear that use of condom does not in any way prove that she was raped. It merely proves that intercourse took place, which has to be proved as forceful by this girl if at all your friend is to be held guilty.
3. Your friend should contest the case on merits.
@ashish davessar - thank u so much sir. may i call u tomm. just for little bit advice.
i have a question - we have tried a lot even S.P of police told to her to take return her statement but she is not agree. she behaves like the case which is showing in television now a days. and she wants to take revenge. sushil have phone recording where he earlier told to her told to her dat his parents talked to other family for his marriage n she said ok i have no problem u can. but after few days she told dat she wants revenge and registered a case. in her first aplication she said dat she saved almost and sushil is not a good person.he is a double dealer but not mention any kind of physical relation or rape and dowry. but after one week in her second aplication she said she was raped by him. n she's having one month old condom. so i just want to know she is saying dat she' having his one month old condom and saying she is having evidence of rape i.e condom. so this shows any kind of rape means if she present his condom so it will create any problem. please advice me n help us.... :(
her family is ready to stop the case.. we also offer money and they said ok we will try to convence her.. but is not ready to listen anyone. means she is doing like abnormal. her family said what we can do, if she is not agree.. they support us.. and sushil 2nd phase training is going to start after one week. so let me know is there any kind of issue will arise dat affect his job????