I had an affair with a married lady , when her husband found it , they have filled 376 against me. FIR was delayed after 9 months. In FiR she is saying that I pressed her head and she fell unconscious. In 161 statement she's saying she prepared coffee and then I gave her sedatives in all three occasions. I have alibi in one incidence.Also family photos of us together before and after the
incident. CDR report proves we were in constant touch before and after . Medical examination is null as it was done months after the alleged incidence. How should I defend myself in this ?
The Jharkhand High Court, while setting aside a Trial Court order, has observed that a married woman cannot claim that the petitioner raped her on false pretext of wedding, as the victim knew that she cannot enter into matrimony with him in view of the fact that she was already married.
A Single Bench of Justice Sanjay Kumar Dwivedi disposed of a Petition filed for quashing of the order including the entire criminal proceeding arising out of Deoghar Mahila Police Station corresponding to a Case registered for the offence under section 406, 420, 376(2)(n) of the IPC and pending before the Chief Judicial Magistrate, Deoghar.
Your side defence is very strong hence you can challenge the same on the basis of the above judgment
