Can someone charged for rape when penetration not happened?

Why you had wait for her 11 years when she had already given her decision that not to marry with you as her parents are not ready for this marriage, had she any proof of your affairs like photograph, emails , videos , proof of staying in hotels with you ,etc. if she have the proofs then she can drag you in the rape charges . What sort of proof with you for your innocence ?

yes laxmikant ji is right. she can easily go against you in rape case.

@Author

Its not rape, dont worry...even if they file a case it will be a false case. Tell ur friend to go according to his plans.

@ author - u may judge better where u fall legally

In April 2013 the Indian Parliament introduced amendments to the Indian Penal Code making various changes to the anti-rape laws in India.^[56] The offence of rape under Section 375, have made both penile and non-penile insertion into bodily orifices of a woman by a man an offence. The definition is broadly defined in some aspect, with acts like penetration by penis, or any object or any part of body to any extent, into the v**gina, mouth, urethra or anus of a woman or making her to do so with another person or applying of mouth to s*xual organs without the consent or will of the woman constitutes the offence of rape.^[57]

The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine

Hello Raj.

If it can be proved that it is a false rape case, the Court can acquit the accused in this case. The same can be proved by the contradictions which are bound to be present in the case of the victim, thereby making her story ‘false and improbable.’ Also, the medical test of the girl would indicate that absence of rape and as such the evidences provided would indicate that the girl has levied false allegations of rape against the accused. When a false rape case has been proved, the accused in a false rape case can file a petition at the Sessions court to file complaint against the woman for registering false complaint.

Various judgments of the Courts of India have indicated that where there has been a false rape case, the woman making the compliant can be slapped with a fine and also be sentenced under various provisions of the law, like Section 211b of the IPC (making false charge of offence with an intent to injure), and/ or Section 182 (giving false information with an intent to cause public servant to use his lawful power to the injury of another person). A District Court in Delhi issued a statement that cases where a young man is arrested and falsely charged for raping a girl he was in love with, indicates a more widespread problem with false rape allegations being used in courts by parents who disapprove of the marriages in question.

 

-Regards

Advocate Pooja

www.lawkonect.com