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vimal singh (CSW)     09 October 2013

Query on criminal case under 494 and 376

I am a married man and I have extramaritial affairs with a girl since last 08 years we lived together as husband and wife wihout any marriage we have a daughter with that girl, she knows very well about my first marriage/wife from begning. Now she register a FIR against me stating that she was married with me since 08 years and she does not knows about my first marriage and she also complaint that I am continuesly rapping her from last 08 years case register under sec 494 and 376. She stated that in FIR that she comes to know about my first merriage after birth of girl child in year 2008.

Can u please tell me 494 and 376 are correct sec or it might be 497. and also suggest my actions to defend myself.

In past when she left her fathers home with me in 2005 her father also filed an fir under sec 363 and 366 in 2005 that time we both r present in HIGH COURT and she stated that she want to live with  me on her own freewill and that case was dismissed that time.

Thanks



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Mr. Vimal Singh,

The charges against you u/s 376 and 494 may not be maintainable for:- it was a consensual s*x and she was well matured, educated and able to take decisions and differentiate between false promises or otherwise, further she lived with you for almost 8 years and in a live in relationship, can she deny the knowledge of your subsisting marriage?, she begot a child out of your relationship, can she claim innocence of it that you promised to marry her but ditched her ? I think the bigamy and rape charges will not sustain, engage a prudent lawyer.

1 Like

vimal singh (CSW)     09 October 2013

Thanks Sir but she deny that she does not know about my first wife, in the past in 2005 she lived opposite my house at 30 meters distance. can I put this fact in the court how it is possible that she does not know about my first wife.

Laxmi Kant Joshi (Advocate )     09 October 2013

1.The girl whom you are talking is a married one ,you are as king about sec. 497ipc It only apply when a man knew that a woman is a legally wedded by some other man and he made illicit relation with her then The husband of that woman made a police report and a case of adultery is registered against The accused man and punishment , imprisonment for 5 years. 2. Your legally wedded wife can file a police complaint against you u/s 494 ipc, and DV for mental cruelty , and breach of trust of your wife , and can get divorce on said grounds.3. The girl whom you have illicit relation and now she is saying that she is your wife , you have concealed your early marriage from her in this way you are charged by sec.495 ipc and sec.376 ipc accordingly. punishment for concealment of The former marriage is imprisonment for 10 years and punishment for rape is imprisonment for life. 4. has you any proof that she knew that you are a married man before your illicit relationship if you proved so sec. 495 will be cancelled . sec.376 ipc will be fight on proof basis.

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

If she had been staying near the vicinity of your house then, it is certain that she cannot claim innocence of your married life and your subsisting marriage, especially when she opted to love you and decided to live with you either through marriage or otherwise, ask her strongly during cross examination and also be stubborn enough to rebut her charges.

vimal singh (CSW)     09 October 2013

My first wife dont have any prob with that. Yes I have some photographs of my first wifes daughter's birthday  when we dont have any relationship . Are this sufficient.

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

The evidences in hand will go a long way in establishing your case, go ahead.


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