Rape on a man
Amit
(Querist) 11 September 2012
This query is : Resolved
hello
I want to know as it is said that sec 375 is now gender neutral can a man file a rape case against girl for using him sexually on a promise of marriage and them denying for marriage. I have sms which can prove that she had promised for marriage and also had sexual relationship with me. Please help.
Guest
(Expert) 11 September 2012
It is not gender neutral as the amendment has not yet been passed by the Parliament.
What you have mentioned does not come within the ambit of rape, irrespective of whether S.375 is gender neutral or yet. Due to changed circumstances, a man/woman may not be willing to tie the marital knot even though the relationship has been consummated. Prosecuting him/her for rape for not fulfilling his/her promise would be an abuse of the process of law.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
R.K Nanda
(Expert) 11 September 2012
u can file 420 case against her.
Amit
(Querist) 11 September 2012
ok sir. thanks a lot. what punishment can she get for u/s 420.
R.K Nanda
(Expert) 11 September 2012
only court can decide about punishment.
Guest
(Expert) 11 September 2012
Even 420 will not withstand a simple quash petition in the HC.
Forget her and move ahead in life.
Sudhir Kumar, Advocate
(Expert) 11 September 2012
His other queries and the reply thereon may be seen at folowing threads before reply.
www.lawyersclubindia.com/experts/forced-marriage-310056.asp
http://www.lawyersclubindia.com/experts/false-promise-of-marriage-336741.asp
