• Girls want revenge by registering fake case

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.
Asked 2 years ago in Criminal Law from Indore, Madhya Pradesh
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.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
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.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
First of all try to settle the matter amicably other file a criminal case under section 383/384 of ipc against her.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Contradictions of her statements in two complaints will help the accused person only.
It is good for him.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
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
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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