376 ipc
james
(Querist) 04 October 2016
This query is : Resolved
on 7-7-10 a Married woman went with a taxi driver and sexual intercourse in the vehicle in doggish style.Thereafter occassionally sexual intercourse at the woman s residence. Thereafter she married the driver and stayed at drivers residence.She left the drivers residence and filed a complaint u/s 376 ipc before court on31-1-13.Police arrested the accused and filed chargesheet u/s 376?Their marriage is nullified by family court.What is the scope dischage before Sessions court.Give supporting rulings also
Dr J C Vashista
(Expert) 06 October 2016
How you are concerned with this academic query?
Consensual intercourse is "out" of the preview of "rape" as defined in Section 376 IPC, which the accused has to prove before trail court, if you are somewhere connected with the query.
Dr J C Vashista
(Expert) 06 October 2016
The incident is stated to be on 7th July 2010 stated to have lodged complaint on 31-1-2013, how does said married women remember and forgot to lodge complaint, if your query is taken to be a true incident.
Besides this, whether she (the married woman) is a prostitute to proceed and had frequent sex with taxi driver and married with him (second marriage), marriage nullified by family court? What is the ground to nullify marriage???
Pure hypothetical and academic query.
Rajendra K Goyal
(Expert) 06 October 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with your lawyer.
cherukuri prasad
(Expert) 07 October 2016
Scope of discharge is good for the present facts and circumstances of the case
