I was in a relationship with my ex girlfriend for 4 years and promises were given for marriage by me as I wanted to marry her, which also led for her pregnancy. Since we both of us were not ready to marry at that particular movement consulted a doctor for abortion and papers were signed by me as guardian/ husband. Now I broke up with her a year back and she wanted to take a revenge on me for the breakup, hence keeping those papers as proof threatening for criminal case. Requesting how will I be able to get out of this case? And if at all proved what punishment will I get?
Asked 12 months ago in Criminal Law from Hyderabad, Telangana
You signed as the husband/guardian of this girl, which is a recipe for disaster as by doing so you have admitted your marriage to her, thereby allowing her to exercise all the legal rights and remedies which are vested in a wife according to the law of the land. She can file a criminal case for rape against you, which you can contest on merits. Apply for anticipatory bail as soon as the case is filed. The punishment can be up to 7 years apart from the civil liability.
The promise given to a girl and become pregnant and abortion after that make a crime under the head cheating .In your case under the guise of love affair and pretence 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, 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 (supra).
when a person had sexual intercourse by false assurance of marriage and after she became pregnant having refused to marry seeks consent obtained under misconception of fact defined under Section 90 IPC; thereby, the accused is guilty of rape as defined under Section 375 IPC clause 4 punishable under Section 376 IPC.
You should take anticipatory bail.
1) if you had sex with your girl friend under promise of marriage and you refused to marry her girl friend will file case of rape against you under section 376 of IPC
2) it would be her case that her consent was not free or unequivocal . she only agreed to have sex as you rpomised her marriage
3) if rape case is filed apply for anticipatory bail from sessions court
1. If she can establish that you have had physical relationship with her with the promise of marriage and is now refusing to marry her, it can be considered as rape by the Court,
2. The punishment in this case is not less than 7 years which may be extended to life imprisonment,
3. It will be prudent on your part to amicably settle the matter with her in your own interest.
In the given situation, she may file a criminal complaint under section 376 and 417 IPC with the police or before a magistrate court.
The medical records for MTP shall prove as a strong evidence against you especially when you have signed the willingness for MTP as her guardian/husband.
It would be better to talk to her and convince her of the situation and part ways with each other amicably.
You may arrange for one time settlement also as an out of court arrangement to dispose the case with out involving the legal procedures.
If proved under section 417, the punishment may vary from 6 months to 2 years.
If you come to know that she has lodged any police complaint, you may first obtain AB and then challenge her case.