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Furry Falcon   10 January 2023

False 376 promise to marry

a case is filed on a 33 year old man by a 35 year old, where both of them were in relationship from November 2021 on phone and later met in 2022 January. after meeting they were involved physically and later thought of marrying in April end 2022. post that the woman used to came to man's house and stay for 3 days And go back . later in Nov 2022 she filed a 376 case where she mentioned things like ring ceremony happened, promise to marry happened etc and she mentioned date of promise to marry as April end while she was in the same room and proofs are available for mid April for both of them. there are many points in the FIR which looks fake at face value and also related proofs are available.
details given related to what happened inside the room can't be proved by either of the party. girl mentioned that rape happened in may and images are there which show her being happy in all the days of may.

what should be done . this is a case study which my senior gave me


Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     11 January 2023

seems rrepeated.

Law is in favour of woman in this matter. 

Real Soul.... (LEGAL)     11 January 2023

if the man has strong evidance to prove his case then he can prove that the relationhip was mutual and the intimacy was in that spur. You have to prove that  both of the you were readily agreed for s*xual intercourse and there was no force in doping so. The FIR is filed after a long duration means that is blackmail, You have to decide wheather you will be on prosicution side or from the victim side. Then prepare defence on the basis of availble evidance. However she has been staying with man in his house for days togather measn her intentions were to frame him.

Sudhir Kumar, Advocate (Advocate)     12 January 2023

The lady has only to allege that she agreed on the promise of marriage.


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