False rape allegation
Krishna Kumar Maddheshiya
(Querist) 11 September 2014
This query is : Resolved
Hi, my friend has been accused of 363, 366, 376. The case is registered on 29/05/2013 He loved a girl who forced him to flee from home to marry. They were in physical intimacy for 1year. The case in on trial. Some main highlights of the case are-
1. Her father submitted class V certificated with DOB 01/01/98. She has CBSE class X marksheet DOB 14/7/97, another sanskrit high school marksheet DOB 14/08/95, pan card DOB 1/1/93. Class v and cbse class x marksheet is attached with chargesheet.
2. Her father stated her age in f.i.r 17 years and gave her class V and CBSE class X marksheet as age proof mentioned above.
3. My friend is physically handicapped.
4. In her 164 Cr.p.c. she has said that my friend used to tell her to marry her and on the day of incident when she was going to school, he met her on his bike and told her to go to visit some place and befooled her to marry and she eloped with him.
5. while she forced him to elope and threatened him to commit suicide.
6. My friend has backup of sent messaged by her, her love letter and some call recordings of incident day.
By sent messages, letters and call records, it is clear that she herself forced him to elope. In her letter she had admitted that she had physical intimacy with him which she was missing.
So, pleas tell me that can the letters, messages and call records be used against the girl.
Also suggest that what should i do to strengthen my friends case
ajay sethi
(Expert) 11 September 2014
yes letter , messages , call records will help you in disproving girl allegations . also rely upon her pan card and other documents to show that dates mentioned in cbse certificate are false
Rajendra K Goyal
(Expert) 11 September 2014
Yes he should use all documents which may support the case of your friend. Mentioned few documents would help him. Consult some good lawyer.
Raj Kumar Makkad
(Expert) 11 September 2014
Although it is the onus of the prosecution to prove the allegations and you need not to prove yourself guilty but even then you can definitely lead your evidence in defence containing all the proof you possess BUT every time it is not wise to lead defence evidence.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
If the girl is proved to be below 18 then all set of evidence regarding her consent and her forcing and threatening suicide etc are irrelevant. She is not competent to consent.
Your friends is apparently rightly framed.
By the way has your friend also been allege under Child Marriage Act. If not he is lucky
Sudhir Kumar, Advocate
(Expert) 26 October 2014
repeated
http://www.lawyersclubindia.com/experts/false-rape-allegation-496256.asp
Sudhir Kumar, Advocate
(Expert) 26 October 2014
repeated
http://www.lawyersclubindia.com/experts/Rights-of-accused-497271.asp
Sudhir Kumar, Advocate
(Expert) 26 October 2014
REPEATED
http://www.lawyersclubindia.com/forum/details.asp?mod_id=108925&offset=2#.VExtlGeO5G0
Sudhir Kumar, Advocate
(Expert) 27 October 2014
yet another thread
http://www.lawyersclubindia.com/experts/Powers-of-session-court-503916.asp#.VE4zrWeO5G0
