Respected Lawyers,
I am here to seek your valuable advice regarding a false rape case charged on my brother. Any help and insight would greatly appreciated and will help save an innocent's life from being spoilt.
My brother met a girl living in Delhi via an internet application. For over a 4 months she kept on saying she needed a friend to get over her breakup from her recent boyfriend. Soon she started offering him s*x.
They decided to meet at my brother's (rented) flat in Delhi around early oct 2013. Since she had been already offering s*x through calls & messages, they ended up having s*x during the first meeting itself with mutual consent, with no commitments. He brought her home in his car and so she does not know the address, but I will not be surprised if she managed car number from FB later.
After few months she started claiming that she is in love with him and my brother has been denying her proposals. Ever since she has been emotionally harassing my brother. With this, he also got cautious of her and kept on refusing her s*x**l demands ever after, which continued till date. In the meantime, he shifted to Ghaziabad from Delhi, which this girl does not know even till now.
Other than the one act, which was apparently their first meeting in the daytime, they met 4-5 more times but in public places.
My brother, already emotionally harassed, confided in me and told me about the threats he has been receiving from this girl. I immediately suggested him to start recording all his calls with her, remain polite, not to lose his patience and not to change his mobile # immediately. Also, take back-ups of her messages (text + whatsapp) which has lot of evidence of her demanding s*xual favours, money (twice, upto 5 Lakhs), expensive gifts and various threats, including suicide.
April 2014 - I managed to put across a written complaint to Ghaziabad Crime Branch via DIG on mid Apr 2014 along with a CD containing back-up of all messages and call recordings between mid Mar - mid Apr 2014. On 20 Apr, Crime Branch, despite their usual reluctance, took my brother's statement. While his statement was still being recorded i.e. around 10am, he received an sms of her demanding s*x. This msg was shown to the IO there itself who was recording his statement at that time and finally he got convinced of our situation.
After few days we again submitted additional statement with another CD containing updated back-up of messages and call recordings. He tried keeping his phone switched off at 2 occasions; she traced our mother's # and his office # and called there to reach him.
The complaint and the 2 statements are based on Extortion (she demanded 10 Lakhs twice) and threats (including rape, suicide, murder & kidnap) which continue even till date as he is unable to meet her immoral demands. However, till date, an FIR is not lodged, thanks to elections and after-effects.
Now, this girl has seen Facebook accounts of all of us, managed to see shaadi.com profile of my brother and by now she knows well that we are a typical fun loving and a liberal family. I'm convinced (and sometimes she admits indirectly) she will never go to Police or even commit suicide as that would be her loss. My assessment is that she will not leave my brother easily as he comes across a "very good package" for her which she admitted on 28 May 14. She continues to call him 15-20 times a day, throws all sorts of tantrums, including that she will commit suicide as she has no other option if my brother does not agree to love/marry her.
In call recordings + massages we have a lot of evidence against her. This girl is in Delhi, and Delhi police arrests on a girls complaint almost immediately.
We need your guidance on the following:
1) are we on the right track legally, the FIR is not registered but a complaint exists with Police since 12 Apr 2014.
2) do we benefit from the complaint, even if FIR gets delayed if Delhi police knocks our door one day.
3) how do we save my brother from being arrested by Delhi police if this girl goes to police one day, there is no provision of anticipatory bail in UP.
4) how do we get rid of her 15-20 calls and hundreds of messages everyday, that's really torturous.
5) would changing mobile numbers be seen as. Negative point during trial, if that stage comes.
6) could she be a patient of OCD, if yes, is there a medical way to get rid of her
In all good wisdom, we want to settle this out of court, court proceedings are cumbersome, time consuming and expensive.
