False Rape Case
Amit had extra marital affair with her neighbor, Anamika and had physical relationships. After six month with mutual agreement they ended the relation. The affair started in January and ended in June. However, Anamika felt cheated and told her husband on the same day of June when the affair ended but in such a manner that Amit had raped her. However, her husband recovered whatsapp chat records from SD card and found that it was an extra marital affair. But still Anamika and her husband came to Amit's house next day and alleged that Amit had raped Anamika and threatened to kill Amit. A verbal fight happened and Anamika shouted in front of the entire society people that Amit had raped Anamika and they will file a police case.
After this Anamika and her husband started to ask compensation (amount not mentioned) from Amit but Amit don't have a proof of this demand apart from one of his friend's testimony.
When Amit didn't pay any money then one and half month later, in August, Anamika and her husband filed a FIR mentioning Amit had raped Anamika in first week of Feb by giving her sedative laced drink and again in on 25th June(specific date mentioned in FIR) by dragging her in his house and by keeping pillow on her face. She also mentioned that she has got a Sexually Transmitted Disease from Amit after he raped her in Feb. She also mentioned other things in FIR that Amit has threatened to kill her daughter and husband so she didn't complain in Feb. She also mentioned that Amit asked Anamika to marry him and he can leave his wife for her.
Amit then was arrested under sections 376 and 506 and later released on bail (3rd attempt) in October(60 days) after the medical test was completed. First two attempts were rejected because medical test was not completed.
- The sexual encounter was consensual
- Amit didn't meet with Anamika on said date of June (25 June).
- Anamika didn't mention the exact date of incident in Feb in FIR
- Amit don't have the said disease
- Anamika has the whatsapp chat records which Feb prove that sexual encounter happened
- Amit has only few whatsapp chat records (recovered from recovery software); however, can prove the extra marital affair.
- Amit has phone records from Jan till June proving conversations (sometimes as long as 30 minutes) with Anamika
- Amit has photographs proving that Anamika was going around with Amit and his wife even after Feb.
- There are no eye witnesses (from the apartment complex)
How should Amit move forward?
Option 1 - Is there a possibility of quashing the FIR as Amit don't have the said disease and he didn't meet her on mentioned date in June? Chargesheet is not filed after 90 days of FIR.
Option 2 - Amit should try compromise and give compensation as demanded (can be in lacks)? There Feb be a possibility that even after taking the money, Anamika don't change her stand in court.
Option 3 - Face the trial. Few questions:
A. How a lady can prove that she was given a sedative laced drink five months before filing an complain?
B. Will medical test prove anything as the issue was reported after 45 days of the mentioned date in FIR?
C. Are whatsapp chat records admissible in court?
D. Shall Amit put his defense saying that relationship was consensual or should deny charges completely?
E. Are there any other ways for Amit to prove his innocence?