False attempt to rape case
kathy
(Querist) 23 June 2012
This query is : Resolved
Hi
I need a help as a month back a lady registered a false rape case against my brother by saying that he torn her clothes (attempt to rape). The whole incidence took place in our restaurant where a couple came and while paying bill the guy abused in their own language which i consider as a racial remark. When my brother asked that why did you abuse then they started breaking our restaurant furniture. And later on the couple registered a case saying my brother and servants beat the both of them closing the restaurant shutter and my brother torn the lady's clothes. Now the case is going on. What should we do? My dad didn't registered any case against the loss we faced. It is a tribal area and people there more often threat Punjabis and other people from jammu, srinagar living there.
Sudhir Kumar, Advocate
(Expert) 23 June 2012
The qeury is vague. It does not disclose who abused whom and who beat whom who tore whose alothes. Please be specific.
kathy
(Querist) 23 June 2012
ok to be precise.. a couple came to our restaurant and after paying bill he abused my dad in their own language and my dad understood as he knows the language. The my brother went up to to the guy and asked him calmly that what happen why did u abuse. then they suddenly started hitting my brother and people passing by of their community came along and started fighting with our servants and started breaking restaurants glasses and other furniture. Then the lady registered a false case of attempt of rape against my brother saying he torn her clothes after closing down the shutter. and now a case is being registered...
Adv.R.P.Chugh
(Expert) 23 June 2012
Dear Kathy,
1. Mere tearing of clothes is not an attempt to rape. It can amount to outraging the modesty of women though. So if they have charged your brother under 511 r/w 376 - go in for quashing of the same.
2. File counter FIRS
Shonee Kapoor
(Expert) 23 June 2012
It is just an offence u/s 354.
Pls state the complete facts and allegations levelled against you and what help you are seeking.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 24 June 2012
Dear Querist
only torn the cloths is not a rape case it's come under section 354, 511 IPC and both section are bailable offence.
Feel free to call
Guest
(Expert) 24 June 2012
Tearing the clothes does not amount to rape.To constitute the offence of rape there has to be penetration in the vulva, howsoever slight it might be.At the most it could be an offence u/s 354 IPC for outraging the modesty of a woman. Go for quashing of the same.
N.K.Assumi
(Expert) 24 June 2012
Attempt to rape in frontof all those people and in the open area?Hard to swallow the version of rape even charge of outraging the modesty of a woman.Better face the trial, and engage a good criminal lawyer to defend you.
ajay sethi
(Expert) 24 June 2012
yes agree no case is made out . you ought also to have filed complaint against the couple . you had many witnesses who saw the couple damage the returant .
M V Gupta
(Expert) 24 June 2012
The offence if at all established will be under Section 354 (outraging modesty of a woman) which is bailable. Contest the case. Filing a petition in the HC to quash the FIR or the proceedings may not be advisable as very often the HC directs the petitioner to face the trial and prove their innocence.
R Trivedi
(Expert) 25 June 2012
- Your brother was a visitor that day or he also handles the restaurant ?
- Has she filed the FIR ? Has police enquired with your brother ?
- Any CCTV footage ?
- After how many days of incident the action was taken by her ?
From the query it is doubtful if there are any facts, it is just the hypothetical question from your side.
Remember one thing name of rape or torn clothes, police will immediately come to the accused to grill. Moreover they will send the girl for medical test. You have not mentioned anything about all these.
