376
komal dabade
(Querist) 26 August 2017
This query is : Resolved
Hello sir , my name is komal . I am an enggineer . There is one boy who is also an enggineer . We r in relationship from last 4 years. From last year we r physicaly in relationship. Some times he bit me . He tell me that he will marry me and family also ready for that. But last month i found that he cheated on me . When i went to his house his father uses abusive langauge about my caste as i am belongs to sc and he is belong to open categeri. That time he leaves the house with me bt after that he bit me and use abusive language regading my caste. Next day he came we will decide to getting married he use my mobile delete all the massages and gone told me that he will come tomm. Till date he didnt came . His family refuse that he is with them.Shall i resister FIR section 376 ? Is anticepetri bail is possible ? Is there any opetion for got a justice ? Is sucide is the only opetion ?
Ms.Usha Kapoor
(Expert) 26 August 2017
NO1 you've no hope. For consensual sex you can neither file a c8ivil case in the form of breach of promise of marriage nor rape case since you are a mature adult..File a police complaint against him for cheating you.
Ms.Usha Kapoor
(Expert) 26 August 2017
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Arvind Singh Chauhan
(Expert) 26 August 2017
Find amicable solution first.
Supreme court's verdict in CRIMINAL APPEAL NO.1949 OF 2013 State of U.P. VS. Naushad may help you in which held-
12. The answer to point no.3 is pertaining to the question of sentence
awarded by the trial court to the accused. The trial court has
justified in awarding of maximum sentence of life imprisonment to the
accused under Section 376 of the IPC on the ground that the facts of
this case are of a very grave nature. The accused being related to the
prosecution used to often visit her house and took undue advantage of
this relationship and kept the prosecutrix under the misconception
that he would marry her and committed rape on her for more than two
years thereby making her pregnant. In such circumstances, the trial
court held that it would be justifiable to award the maximum sentence
to the accused. We, therefore, hold that the trial court was correct
in awarding the maximum sentence of life imprisonment to the accused
as he has committed a breach of the trust that the prosecutrix had in
him, especially due to the fact that they were related to each other.
He thus invaded her person, by indulging in sexual intercourse with
her, in order to appease his lust, all the time knowing that he would
not marry her. He committed an act of brazen fraud leading her to
believe that he would marry her.
13. A woman’s body is not a man’s plaything and he cannot take
advantage of it in order to satisfy his lust and desires by fooling a
woman into consenting to sexual intercourse simply because he wants to
indulge in it. The accused in this case has committed the vile act of
rape and deserves to be suitably punished for it.
14. In view of the foregoing reasons, this appeal is allowed. The
judgment and order of the High Court is set aside and the conviction
and sentencing of the accused by the trial court under Section 376 of
the IPC is upheld. The accused-respondent is found guilty of the
offence of rape as defined under Section 375 of the IPC and is
sentenced to imprisonment for life under Section 376 of the IPC. The
accused-respondent is directed to surrender before the trial court
within four weeks.
S.B.adil rahman
(Expert) 26 August 2017
Apart from the legal discussion which has been made by the other experts on the merit of consensual sex there are contradictory judgments on this issue so I would refrain to comment because each case has its own nature. What I found is that you have a strong case under Prevention of Atrocities on SC ST Act. It gives you protection as a member of SC from the higher caste so go for the case under section 417/376 IPC read with section 3 &4 of SC ST Act. As regard justice, it is there because had it not been there then Bapu Asha Ramji would not have been in jail, Vijaya Mallaya would not have fled from India and Baba Gurmeet Ram Rahim would not have been convicted in rape case. In cases of Asha Ram the women were adult, have been deceived by him and had been violated. When a case is made out by the prosecution some spice is added to it then some spice and flavours are added by the prosecutor so I would suggest you to go for the criminal case. Make the boy and his parents accused in the case who had made mockery of your caste and proceed on. Best of luck.
komal dabade
(Querist) 26 August 2017
Thank u Adil rehman sir . Bt i want to know is anticepetory bail is possible or not ?
komal dabade
(Querist) 26 August 2017
Thank u Adil rehman sir . Bt i want to know is anticepetory bail is possible or not ?
S.B.adil rahman
(Expert) 26 August 2017
If the case is registered under SC/ST Act, I am afraid that the Courts normally will not grant bail. As regard crime against a woman the matter will become more tough for grant of anticipatory bail. However, in anticipatory bail the Apex Court has issued guidelines which if not grossly go against the accused then his case may be considered for bail if his argument is exceptionally with merits. Experience, however shows that in such cases bails are normally not granted even by the High Courts.
sukanya (Joyce)
(Expert) 26 August 2017
File criminal case for hitting the dignity of women. Along with forementioned section.
sukanya (Joyce)
(Expert) 26 August 2017
Breaking news is going on about Ram Rahim ....take good time now
Rajendra K Goyal
(Expert) 26 August 2017
Agree with the advice from expert S.B.adil rahman.
komal dabade
(Querist) 27 August 2017
Thank You all of you . Hope for the best .
Dr J C Vashista
(Expert) 27 August 2017
Anticipatory bail to be granted or refused shall depend upon the complaint/contents of FIR, what is there in your mind is to be read from the contents of case.
However, I agree with Ms. Usha Kapoor, you had consensual sex with the boy, accordingly no case is made out therefore, he is entitled for bail and acquittal, number of judgement exist on the subject matter.
komal dabade
(Querist) 27 August 2017
Dear Usha Kapoor maam . Can u plese tell me your number i will tell the whole story ?
komal dabade
(Querist) 28 August 2017
Dr. vashista sir , is there any option ?
Guest
(Expert) 28 August 2017
You want to drag your boy friend in the court, but also worried about anticipatory bail of the opposite party. You should have been worried about your own case, how to prove what in the court against your friend in your own consensual sex case. That itself gives ample hint that yours is just a hypothetical problem. At least, I am not convinced about your description.
Asking question on anticipatory bail for the opposite party, itself makes clear that you did not have any such problem in reality, rather want to know answer about anticipatory bail if case is filed u/s 376.
Question arises, if you are an engineer (neither a lawyer nor a law student), how you could get a dream about section 376 for the purpose of filing a case?
Sorry to say, academic query with vague background does not have any legal solution, except concentrating on your study material to solve your law school exercise. However, if there is even a little bit of truth in your story, better hire services of a lawyer, who may take care of your case.
komal dabade
(Querist) 28 August 2017
Dear Dhingra sir , I am sorry but its not a hypothetical case . Its unbelivable truth of my life . I am not law student. When i went to police station for register a FIR they told me he got an anticepetory bail and no use to register a case.Second think my financial condition is not so strong to hire service of a lawyer.I am realy sorry if i am waisting your valuable time bt my last hope is you people. And i think he knew that consensual sex case is not so strong that means he got a licence to rapped a girl just give a fake promice of marrage.I am realy sorry if i said anything wrong.
Guest
(Expert) 28 August 2017
Your clarification is still unconvincing. Earlier, you did not state anywhere that he has got anticipatory bail, rather wanted only to know about possibility of anticipatory bale. There is a marked difference between possibility of anticipatory bail and bail already got. More so, if not a lawyer or a law student, you have not replied my question, how could you come across section 376?
You being an engineer, excuse of financial condition is also not convincing.
I there is any slightest truth in your description, a question of commonsense for you, did why you consent for physical relations continuously for 4 years before getting married with him, if he promised so? Apparently you were not an innocent child, who can be considered to be not knowing the consequences.
Better utilise your quality time in concentrating on your study material to find answer to your academic query, rather than putting forth any more excuse. Only that may enhance your academic cum professional knowledge.
SHIRISH PAWAR, 7738990900
(Expert) 26 August 2017
