1st rape,false promise of marriage and cheating

Ms./Mrs. Anjali Gupta,

YES,

and every one is trying to tell him this same thing, but ......... 

Dear all

these type of case has not discuss and post genrally  on community discussion board

but if any one want , we have to understand and try to suggest and provide legal advice as better as we can

simple !! we cant judge who is right and wrong untill we have not  letion both parties

so if any one seeking query / advice so it would be better to suggest them how they find legal remedy ot particular case .

we appreciate saurabh remarkable point but dont cease the person .

if you want to discuss your question on this case you can

but dont  use as he /she  feel you pointing her /him ,

Regrads

Anjali

@Anjali

My emotional bonding towards truth is so high that I cannot ever support crooks. My apprehension was concreted by the @Author when I asked few cross questions.

Blindly supporting complainant has been customary practice in India. However need of the hour is to circumspect and then arrive at a decision whether the complainant deserves to be supported or not.

Just because someone says that he has been robbed does not mean that voluntary throwing away of money towards someone intending to rob would also mean robbery.

If few people could not appreciate the logical reasoning given by me and only want to blindly support crocodile tears, I cannot help them!

Not all females are angels and not all males are devils !

//peace

/Saurabh..V

Any way  !!  All the best

regards

Anjali

Long threads often creates confusion and depression as it leads to personal war . It really hurts

Saurabh...If A in good faith gives  money  TO  B with consent and theperson tells he will return the money to A,but  B doesnt return ,is it not a crime?????

This is an answer to you robbery query ????   

if the author can prove he raped me than man is surely punished.if she prove it rape is there notwithstanding howsoever times s*xual intercourse took place.my opinion is well founded and very clear becoz law punishes husbands also. only thing is consent and will...whereever these r missing rape is there

@Pallavi

What crime is it? It's not robbery but "Misappropriation of Money".

That's the point. In the subject case, the boy promised marriage and did not performed marriage. How is it related to having s*x? When the girl did s*x with the boy, was she under any misrepresentation that she is performing some surgery, cure, holy act etc.? NO. She knew that she is doing s*x. Then how did the boy fooled her?

The boy offered marriage and did not performed so its CHEATING. The boy offered s*x and girl accepted that. How is it rape yaar? So simple it is.

The issue is, that we are ALL trying to think that a poor innocent person has been ditched so lets punish the offender. We should understand how and for what charges ne can be punished and are these punishments made out or not. How can you call that pleasurable act as rape? This is again leading to legal terrorism on the name of "support women (only) mission".

First you should appreciate the definition of rape. Then you should understand what actually you mean by "misrepresentation of fact". Then you should understand S.90IPC. Then you see the Apex Court judgments and also the English cases which takes us a century back. Then you would understand my theory that why it is not rape.

If I go by your words, then if a boy promises a girl whom he loves, that he would pluck stars from the sky and has s*x with her, then she can again say that on pretext of plucking star he had s*x. Would that be rape? Situation is same. If we go by your understanding of "misrepresentation" then it would be rape again. Please think logically yaar...Keep your feminine chunk out of brain for few minutes till you realize that I'm correct!!

//peace

/Saurabh..V

Misapproriation of money is also punishable under your IPC ,so its crime.

I am not a a lawyer but yes I can tell the victim was under misrepresantion of fact the boy was going to marry that girl someday.so 376 ipc is attracted.In This is what in fact was stressed by the Division Bench of the Calcutta High Court in the case of Jayanti Rani Panda's case (supra) which was approvingly referred to in Uday's case (supra). The Calcutta High Court rightly qualified the proposition which it stated earlier by adding the qualification at the end - unless the court can be assured that from the very inception the accused never really intended to marry her.

Taking nude photograph of the victim is indicate of the fact that the accused never intended to marry the victim.

I would like to tell you one thing you live in a country where women are respected not like they are used as tissue paper and after that they are  blackmailed.

One more personal question to you would you ever marry a girl who has gone through this type pf situation?

It was the boy who backed out for marriage not the girl,he should have kept his words not played with the emotions of the girl.The victim was at her receiving ends.

i

@Pallavi

Misapproriation of money is also punishable under your IPC ,so its crime.

Section 403. Dishonest misappropriation of property

Whoever dishonestly mis-appropriates or converts to his own use any movable property, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Section 392. Punishment for robbery

Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

I hope you now understand clearly that "Robbery" IS NOT equal to "Misappropriation". You cannot punish someone for "Rape" when he committed "Cheating".

I am not a a lawyer but yes I can tell the victim was under misrepresantion of fact the boy was going to marry that girl someday.so 376 ipc is attracted

Now I know why you are not able to understand the meaning of "Misrepresentation". How is S.376IPC is attracted? Can you define? Does it include "Misrepresentation" anywhere in its definition.

When the act proposed is s*x, and the person who accepts this proposal also understand its s*x, how can that be rape? Where do you find Misrepresentation in this? Let's not talk about emotions here. It's purely a technical question which only a law graduate could appreciate.

The Calcutta High Court rightly qualified the proposition which it stated earlier by adding the qualification at the end - unless the court can be assured that from the very inception the accused never really intended to marry her.

Indians as bunch of emotional fools. This law has been abolished in England way back in 1980s. Recently in the year 2009 one more country decriminalized such acts. Courts in India are mostly driven by emotional judges who sometimes flow in emotions when a "woman" comes weaping to their doors. Though they fail to understand the repercussions of such decisions. If your proposition is to be accepted, then every girl in India would have full liberty to marry with any boy of her choice and then ask crores of rupees in alimony and rest in peice without working 1hr in her whole life.

I would like to tell you one thing you live in a country where women are respected not like they are used as tissue paper and after that they are blackmailed.

If girls are respected in India, it is not because they wear mini-skirts and enjoy s*x multiple times before marriage, but, they are respected because they stay in their limits. Those girls who choose to destruct this limit set for them, are not to be respected like those who opt to stay in that limit.

I again request you to understand with open mind and throw away the feminine shelf.

What a girl did before marriage was her life and I had no control over that. I would not mind marrying such a girl if she promises to be in limits with which we would lead happy married life..

@Zeeshan

This is the real mirror of "advocacy" and "gardens of judiciary". Corruption is so much in-built in courts that to even simply submit an application with nayab-court you'll have to pay Rs.100/- else face harrassment. No one understand that only by changing the buses would not improve traffic situation but you have to change the driver or atleast the thinking of the driver.

ShrikantVD is NOT an advocate. It's only an eye wash. I'm damn sure it's another feminist trying to hide herself with this name in the garb of lawyer she is also ruining advocate's image.

SPECIAL REQUEST TO ADMIN::

Please remove this account of @Shrikant VD in this thread before she changes name and comes up with another name support herself.

If this is a public forum, it is open for members to either support and not to support the person who posts. Also it is unequivocatory right to show resistance towards the Authors if someone finds him/her trying to cheat with help of this forum.

Can anyone advice an Author who is asking methods to commit robbery? NO! Then why should we support a girl who is forcing and coercing a boy illegally by misusing the laws to marry her?

If judges in India can't appreciate the meaning and application of "Misrepresentation of fact" then it's our responsibility to discourage girls from misusing the flaws. Had it been the intention of legislature that such cases be included, they would have done that when so many changes were made like "Gang rape" etc..

We should understand that the underlying fact is that "No girl is this world would allow a boy to have s*x with her (even if he is her husband) if she do not want". A girl would only allow if she herself doesn't desire unless the girl is not mentally and physically constrained (as in S.375 like threat to life of self or of near&dear ones).

//peace

/Saurabh..V

We may work hard and earn money, but I've personally seen lawyers who don't wana work at all but earn a lottttt of money.

This is indisputable statement that "there stands a black hearted man behind the black coat (lawyer)".

There are only few (not more than 10%) lawyers who are good. Rest all are only working to extort money from their clients. If it was not so, cases in India wouldn't require amendment in law to close them early. It's a shame for this profession that average time for closure of a court case if 15yrs. Reasons are obvious!

I did not mentioned that all lawyers are same because still there are 10% who are good. It's very very very difficult to engage these lawyers are they are already over-burdoned by other cases.

Being an employee at any company no one can demand as much as he wants and he can never threaten the employer that as now you have paid my salary, I would leave. There is a notice period. Is there any notice period of a lawyer? Would ANY lawyer return the fees already paid to him?

Grow-up @ShrikantVD. Grow up to human levels.....from feminist levels!

//peace

/Saurabh..V

We may work hard and earn money, but I've personally seen lawyers who don't wana work at all but earn a lottttt of money.

This is indisputable statement that "there stands a black hearted man behind the black coat (lawyer)".

There are only few (not more than 10%) lawyers who are good. Rest all are only working to extort money from their clients. If it was not so, cases in India wouldn't require amendment in law to close them early. It's a shame for this profession that average time for closure of a court case if 15yrs. Reasons are obvious!

I did not mentioned that all lawyers are same because still there are 10% who are good. It's very very very difficult to engage these lawyers are they are already over-burdoned by other cases.

Being an employee at any company no one can demand as much as he wants and he can never threaten the employer that as now you have paid my salary, I would leave. There is a notice period. Is there any notice period of a lawyer? Would ANY lawyer return the fees already paid to him?

Grow-up @ShrikantVD. Grow up to human levels.....from feminist levels!

//peace

/Saurabh..V

..@Saurabh – I hope you now understand clearly that "Robbery" IS NOT equal to "Misappropriation". You cannot punish someone for "Rape" when he committed "Cheating".

Saurabh is comparing a a girl chasity and money .

Regarding mispresentation answer- Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract.

In lay man words  consent to s*xual intercourse will not be taken a consent, if it was done from the very beginning that with a fraud play in mind that he will marry that girl someday but he never intended to marry that girl. Please go through the judgement-  

https://delhicourts.nic.in/Feb10/Nikhil%20Prasar%20Vs.%20State.pdf Either the judge is right or you are right. 

Saurabh there is lot of contradiction in your thinking - You try to show that you are  a very modern thinking guy by saying physical relation on false marriage is not rape At the same time  You commented- If girls are respected in India, it is not because they wear mini-skirts and enjoy s*x multiple times before marriage, but, they are respected because they stay in their limits. Those girls who choose to destruct this limit set for them, are not to be respected like those who opt to stay in that limit 

At same time you say  a girl is characterless if she wears mini skirt and she should be an easy prey for exploitation .After exploiting her you feel no criminilaty attached. 

You first decide you want to follow Indian culture or western culture. If you are not logical in your thinking you cant become a good lawyer  .

You always tell us we have the feminine attitude but Saurabh remember you have to become a good human being in order in deliver justice in terms for your  client afterwards......

Try to be neutral in thinking when you take law both ways....  

@Zeeshan I think you have gone through lot of trauma ,if you are right have trust in god and give your 100 percent you will definately win.I know lower court the PP  they dont work up to expection ,so you can always approach government to help you...comlplain to the DM in your area.,if he is not working properly   .They will appoint special pp for you. You can approach legal aid.Have failth in indian judiciary...Amen