False 376 rape case
Querist :
Anonymous
(Querist) 11 June 2011
This query is : Resolved
My brother has been falsely accused by one of his old friend that he raped her. The girl had been harassing my family to marry my brother to her but he married another girl because he never committed anything to her. Now after his marriage she has filed a false 376 non-bailable rape charge before the magistrate.We are being threatened by her that she has provided a medical certificate( which is false because my brother never had such relations with her).
The girl is taking unfair advantage of the gender bias and emotional sympathy of authorities. My brother has been taken into custody( jail) and we need advice on the following:
1. What are the bail options for my brother?
2. How should we proceed with such a case?In terms of evidence she has provided medical certificate from 4 yrs back showing nursing home visits and taking contraceptive pills, casual( no- intimate or personal) pictures with my brother. How can she be proved wrong? Is the evidence from 4 yrs back relevant for such charges now?
3. What is the likely outcome of such cases when a girl puts false rape allegations to achieve the motive of marriage? Can my brother's current marriage be nullified by the court.
4. How many months/years such cases run to get final justice?
5. Can we press charges on the girl(like defamation of family, affect on my brother's career, threats to my brother's wife) to make our case strong?
Thanks in anticipation of your responses.
Devajyoti Barman
(Expert) 12 June 2011
If the allegations of rape are of old incidents then her case for rape charges are really weak.
For getting the bail, the contents of the FIR and your counter story needs be known.
The case may take years for final disposal.
Querist :
Anonymous
(Querist) 12 June 2011
Thanks for your expert advice.
The contents of the FIR that the girl has filed say that she and my brother lived together in 2006 and 2007 and they had intimate relations and my brother had promised to marry her( which has been entered in the FIR under rape charges 376). She has also filed false charges on my family under codes 120 ( criminal conspiracy against her),506 ( threats to kill her), 164( that they stole 4 lakh from her suitcase) and that she was actually beaten up by my parents. The other 3 charges 120, 506, 164 that she has filed she has mentioned happened last month but false rape charges are filed under years 2006, 2007 as stated above.
I would greatly appreciate if you could also help me with these:
can the court nullify my brother's current marriage( which is not registered yet)and ask him to marry the girl?
Thanks a lot. God Bless.
PALNITKAR V.V.
(Expert) 12 June 2011
Your brother should get bail. Marriage of your brother can not be nullified by Court in the given circumstances. Be patient. Engage some good lawyer. He would take all of you out of the case though it will take some time.
Querist :
Anonymous
(Querist) 12 June 2011
Thanks a lot. Your words are very motivating.
God Bless you all for keeping up the justice for innocent people.
M/s. Y-not legal services
(Expert) 12 June 2011
Yes. Am agree with experts. Your brother's marriage can't be dissolved by court. But if that girl proved her case mean your brother can be punish. Due to her delay in lodging complaint still your brother in safe hand only. Don't worry
Querist :
Anonymous
(Querist) 12 June 2011
The case is still open.I appreciate any additional feedback that could help my brother and family in dealing with such false allegations.
M/s. Y-not legal services
(Expert) 12 June 2011
The medical reports and expert's evidence is important role in your brother's case. Have to break their evidence in cross.. So just appoint a good criminal practise advocate. He will take care of your brother case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 June 2011
study the case with the aid of some expert criminal advocate , who will help to take advantage of loopholes in the story so that bail is possible.
if properly contested case can be won easily.
Dr V. Nageswara Rao
(Expert) 12 June 2011
1. What wa the age of the woman four years back?
2. If she was below 16, it could be problematical but above 16, even if there were consensual sexual relations, that will not amount to rape.
3. No criminal court will take a rape case seriously if it was filed after so much of delay. Forceable sex cannot be proved after that much delay.
4. Initimacy is not proof of sex.Taking contraceptive pills is conclusive proof of consent on her part.
5. He will surely get an acquittal.
6. You may consult your lawyer about filing a petition for quashing of criminal proceedings under CrPC.
7.Best of luck.
