John (no) 24 December 2010

Rape Case

Hi, i want a clarification on a rape case filed against me...I will tell all the details of what had happened? pls help me out..

I was in relation with a girl in KARNATAKA state from May 2007 to June 2008..She was born on Jun1989..One thing i want to make sure is that I NEVER HAD A SEX WITH HER...But we had small romances and love making at times in my residence where she used to come..After Jun 2008, i thought of stopping this relation, as it is not good continuing with her, as my life would be spoiled with her if it goes, as iam well educated and job and she is an illiterate..

She went to my native TAMILNADU in jun 2008 and made a drama of suicide attempt, a doctor had given a proof that he had rescued her also..Then the matter went to police station...She filed a complaint FIR against me on Jun2008 under sections 376 & 420. The details are:

" She was raped by me on May 2007, saying that I called her to have s*x by telling her seducing words that i will marry her in future, and she was raped"

Then TAMILNADU police took both of us to KARNATAKA where we both were there to transfer the case, but they refused to accept and asked us to come through court only..So, we returned back to TAMILNADU, police got sign from both of us and we returned back to our homes...All happened in Jun2008..Now its nearly 2.5 yrs..I have no clue where this case is lying..That girl is from poor family and i believe they wont take any initiative in moving this case through any lawyer...

I have few doubts:

1) How can she prove that she had been raped, when she never had any s*x with me...If she had any s*x with some one else, will it impact on me? Also, she told she was raped in May 2007, but case was filed on Jun2008..1 year gap..she does not have any proof of any photo, letter or anything else of our relationship..She also told that the rape happened in my residence, she came to my residence since i've called her..

2) She was above 16 yrs and below 18yrs at the time she told she was raped...will it be a problem for me?

3) Now its more than 2.5 yrs, i dont know where this case is lying, whether in Karnataka or Tamil Nadu..I dont know where that girl is now? and i also shifted my residence temporarily...

Should i approach any lawyer to get this case resolved or is there any chance of this case getting cancelled...Me and that girl is of same caste...This case is filed in a normal Police station and not in a WOmens police station..pls help..I want to see my future..yet to apply pass port....I know i have made a mistake, but still what is solution for this case filed in sections 376 & 420...Someone reply or if any other detail needed, pls let me know...

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7 Replies

JT Rajasuriya, Chennai (Advocate 98410 53790) 25 December 2010

If what u say is true there may not be a case of rape, though you can be charged under other sections for cheating the girl.

It is better for you to check up if any FIr was filed against you by the concerned police station. Yuo can gett this enquired thro' a lawyer.

N.R.Kaushik (practicing Advocate) 25 December 2010

if wat u say is the case then well applicable section is u/s 417 of IPC but as per ur statement FIR is been filed u/s 376 IPC engage an advocate to check whether chargesheet filed and under wat sec. ur charged with, because if clear case is not made out the police would have filed referred chargesheet and the case would have closed otherwise if u r charged with 376 then u can approach high court u/s 482 if there is any technical points

John (no) 25 December 2010

Dear Sir, Thanks for your relies....I have not approached any lawyers till now...My doubt is what will happen to the FIR filed, if neither me nor the girl is worried about the case filed...Because my situation is like that..We both came across our ways to carry our normal life...She also left her way without disturbing me..I donno where she is and she dont know where iam because i have shifted my residence temporarily...So, how the court or police station will start their enquiry? how this case will re-start again and when could it be possible? Will there be any summon...Also, the case is written in Tamil & they told they will shift it to Karnataka, how about the language barrier for this enquiry? What is the procedure to shift a case from one state to othe, how they will shift if the girl is not taking any initiative and also case written in a regional language? It would be great if u pls reply for this also..

Avnish Kaur (Consultant) 25 December 2010

rape is a cognisable offense and crime against the state , so whether girl is interested or not if FIR has been lodged u need to get it quashed. because state will fight case against u not the girl.

John (no) 25 December 2010

Thanks for your reply..I want to know if there is any way to close this case...Should i start up with or should i wait till i get a summon from court?