How can a boy punished for what he did as explained below ?

 Establishing s*xual relationship with a woman on a false promise of marriage amounts to rape.The Supreme Court has held that having s*xual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape.

regards-

rahul,gogreen@gmail.com

You can file an FIR in a police station.  But will the police act? That is a big question. The problem is that the blackmailer feels confident  that a woman in India will not go to court in such cases, especially if she is recently married. If the girl is bold she should go to the police and file a complaint. It will be better if she is accompanied by a woman lawyer.

@ Lady,

1. The fact before us is a case of consensual s*x and is not that to turn it into ‘r@pe case’ as provoked by above two repliers.

2. In the present case, the facts are that the alleged to be victim herself states in her facts before us that she had s*x with the appellant on several occasions. On these facts, a view is reasonably possible that the alleged victim had s*x with the proposed accused boy (adult male person) with her consent and hence there was no offence under S. 376 IPC (r@pe provision in IPC) because s*x with a woman above 16 years of age with her consent is not rape which is as simple and straightforward definition in rem as it can get currently.

Hence if one takes face value of the query in prudent ways even considering several views by Hon'ble SC till date, then I am of the opinion that on the event of alleged facts reaching floor of the Court two views are reasonably possible, one that the boy (adult male person in reference to query) is guilty and the other that he is innocent person, then the benefit of doubt goes in favour of the proposed accused boy (adult male friend of queriest herein) which is principals of natural justice in Criminal Law jurisprudence.

Hence you have no case to prosecute this male adult person on charges of r@pe is Chamber view even if you submit same facts before a female lawyer.

@querist,

I differ to the points made by the Senior.Probably he missed the point in the given query  that on the very first occasion,the s*xual act was consensual,thus no charge. But in subsequent version, he did it by coercion,blackmailing(by taking the nude pictures and threatening to show it to public to disgrace her),thus it amounts to rape and it's high chance that he will be prosecuted(If she has the evidences that he possess nude picture of hers) under the offence of section 376(as per the definition the whole incident has all the ingradients to attract the provision of 376.

So if you are really a victim,get an FIR lodged. 

Note-All replies should be taken as per the declartion given in my profile page.

Thanks,

Regards,

Its very depressing if there is factual situation..Its more depressing as the women are also misuing the law which cannot be ignored and its very much diifuclut to analyses who is correct and who is wrong??

I am astonished that the Learned Lawyer Tajobs India should be so anti-women. He may beat hollow the Learned Ram Jethmalani, who unsuccessfully tried to defend Manu Sharma in the Jessica Lal  murder case. Now let us analyze point by point the reported case.

(1)   The narration says that the boy promised to marry the girl after obtaining the permission of her parents. It is not clear whether the permission of the parents had been already obtained at the time of the promise or permission of her parents was also a part of the promise.

(2)   Then she was called once and the boy had s*xual intercourse with her. Also some pictures of the girl were taken. It is not clear whether the pictures were taken with the knowledge and permission of the girl. Probably the author expects us to presume that the pictures were taken with neither the knowledge nor permission of the girl. At that stage it was rape if the girl had reported to the police with fresh medical evidence.  Of course she could not have done it because she may still believe that the boy would marry her.

(3)   Subsequently the girl was called several times and on each occasion, it was not promise of marriage, but plain blackmail.  She agreed for s*x fearing that the pictures would become public otherwise. At this stage the boy was guilty of rape and also of blackmail. Both were punishable offences. Now move further.

(4)   Later the boy married the girl in an Arya Samaj temple. If the marriage was performed according to Arya Samaj rites, it was valid under the Arya Samaj Marriage Validation Act.  All the offences committed by the boy before will become weak, if not get washed away.

(5)    It would be difficult to classify any s*xual intercourse the boy had with the girl, now his wife, as rape. But if she was blackmailed by her own husband, it was a punishable offence.  But he didn’t have to resort to blackmail just for having s*x with his own wife. Dal mey kuch kalaa hai. Nowadays they speak of marital rape.  I am unable to understand the meaning of it. Probably it was coined by middle-aged, past menopause frigid women, who harass their own daughters-in-law, but continue as members of women’s NGO’s.

(6)   If the Arya Samaj marriage had been performed strictly following the rites, the girl cannot ask for a customary marriage again.

 I say the boy can be prosecuted for blackmail and for nothing else. As they are already husband and wife, the girl should be prepared for a separation and divorce.

I am astonished that the Learned Lawyer Tajobs India should be so anti-women. He may beat hollow the Learned Ram Jethmalani, who unsuccessfully tried to defend Manu Sharma in the Jessica Lal  murder case. Now let us analyze point by point the reported case.

(1)   The narration says that the boy promised to marry the girl after obtaining the permission of her parents. It is not clear whether the permission of the parents had been already obtained at the time of the promise or permission of her parents was also a part of the promise.

(2)   Then she was called once and the boy had s*xual intercourse with her. Also some pictures of the girl were taken. It is not clear whether the pictures were taken with the knowledge and permission of the girl. Probably the author expects us to presume that the pictures were taken with neither the knowledge nor permission of the girl. At that stage it was rape if the girl had reported to the police with fresh medical evidence.  Of course she could not have done it because she may still believe that the boy would marry her.

(3)   Subsequently the girl was called several times and on each occasion, it was not promise of marriage, but plain blackmail.  She agreed for s*x fearing that the pictures would become public otherwise. At this stage the boy was guilty of rape and also of blackmail. Both were punishable offences. Now move further.

(4)   Later the boy married the girl in an Arya Samaj temple. If the marriage was performed according to Arya Samaj rites, it was valid under the Arya Samaj Marriage Validation Act.  All the offences committed by the boy before will become weak, if not get washed away.

(5)    It would be difficult to classify any s*xual intercourse the boy had with the girl, now his wife, as rape. But if she was blackmailed by her own husband, it was a punishable offence.  But he didn’t have to resort to blackmail just for having s*x with his own wife. Dal mey kuch kalaa hai. Nowadays they speak of marital rape.  I am unable to understand the meaning of it. Probably it was coined by middle-aged, past menopause frigid women, who harass their own daughters-in-law, but continue as members of women’s NGO’s.

(6)   If the Arya Samaj marriage had been performed strictly following the rites, the girl cannot ask for a customary marriage again.

 I say the boy can be prosecuted for blackmail and for nothing else. As they are already husband and wife, the girl should be prepared for a separation and divorce.

@Ld. Scientist,

May I ask you sir,what is your logic behind holding the idea vested in the points 4,5,and 6 made by you!!!

Hope you hear from you soon.

Thanks,

Regards,

Sorry,This message comes only because the above message was reposted due to the 'SQL SERVER' error.This message is modified to rectify the repetition so caused(I have no option except to do so as the deletion button is not available in text editing context).

Thank you,

Regards,

@ Dr. Ramani,
Aisatsu !

1. Dr. Ramani I love your style to provoke and try to vet me as usual when my reply is not in tune what a women queriest want to hear.

2. Now let me tell you your own rebuttal is bezoar, whether I am influenced by most respected Sh. Jethmalani or not, which many including me aspire to but haven’t reached that goal as yet.

3. I only replied on question of r@pe and did not wanted to question a queriest that also in internet forums as it is nobody’s case made out here, further I don’t romance gender in a query in legal portals. A spade is a spade still for me, I am not looking for your similar views on things the way I see from criminal law PoV. J

Colly. reasoning:

A. Small town girls are taught that 'virginity' is to be given away only when your 'arranged marriage' happens. Nothing wrong about such tutoring. But if recent India Today and Sudhir Mishra's follow up 2 Cr money spent on doing pan India s*xuality survey is concerned it is not the case in hand of small town adoptive to openness in matters to s*x is concerned today which even surpasses today’s mega Indian cities way of life and approach to s*x.

B. Your observation on evolving events are right till you enter anti-thesis post para 4,5 and 6 and why should I disagree on few opening paras of yours, which to me already meant the lady is one side giving 'consent' repeatedly to perform s*x with the boy and after the so called acts / other side her small town upbringing tells her that next time do it only when he does with you a 'arranged marriage' forgetting understanding on what you explained about Arya Samaj validation of marriage which they already did post extended delay of keeping a promise to marry.

Probably she never discussed the legal sanctity attached to Arya Samaj with her folks back home fearing backlash and most probably her community does not recognise Arya Samaj mariages either, other than a girl in their community should always do arranged marriage are lines of thought which is also natural.

But why should I question all these in reference to a query and why should I speak on Arya Samaj qs in earlier reply when I read promise to marriage escalating to delay in keeping the promise but then culminating in Arya Samaj marriage and the way events did not go as expected by girl she complains of FIR which I found amusing and thus replied the way I said same failing in a criminal trial.

C. May I ask you, suppose this girl takes the boy to court on r@pe or even blackmail allegations citing photos r/w promise to marriage blah blah. Do you in your wisdom will hear the boy admitting plea of guilt and admitting in Court 'yes my honor I took pics of her"?

The safest opinion is we donot know nor the lady can bring evidences of such and such pic. taken with or without her consent to Couret (I mean nothing will come out from search and seizure memo which she may even get allowed to fish out the pics. that is where her whole case rests is it not) and the moment this crucial 'doubt' gets created in a criminal trial the boy sees acquittal from any of her alleged charges with wisdom speak from Court to the girl at the end of trial that “Arya Samaj marriages have legal sanctity what more you wanted, did he not marry you and probably to th eboy; now we give you 4 weeks from today to arrange for arranged marriage with your wife as per customs in family!.”

So where I hollow out principles of criminal law taught to us by most respected Sh. Jethmalani in a few words?

If you want you can call me by more names but I will pardon you as always for a simple reason "the pics donot exists in material records of court by proscuterix r/w MLC will be conclusive as habitual buit cannot be spoken vehimently as censored by SC', hence both r@pe and/or blackmail trials will fall flat once True Copy of Arya Samaj Certificate the boy flasshes before ld. Magistrate as all past allegation events goes to dustbin of condonation probability clauses and post Arya Samaj Marriage "marital rape" does not exists in legislature frame of law making till date is what I thought at backend and replied to her which made you twist and churn in your study desk now for a basic reason my reply here was based on criminal laws application which is what she asks here and not gender specific which you wanted to hear from me as reply.

Nevertheless good try to vet me.

Hope above reasoning squares out all your gender argument and aspersions on me and if not then we will meet again and why not the LCI board has bandwiddth capabilities for people having wide open eyes and not influenced by gender band-aid before replying.

Cheer up now gurudev Shri (Dr.) Ramani……...

------------------ 

[Sumitra he loves bogging down his own extra smart logics at the end and wants to provoke me so that I give reply here exactly as a female queriest wants in her favour nothing else is his logics in para 4,5 and 6 – anti thesis to all his previous paras !]
   

Learned Tajob Sahed,

My remarks were not based on what you said in this post only. I have noticed that you were always a champion of the male of the species Homo sapiens.  There were fights with the females, especially the urban ones in this Forum. If you had ever supported a female on the male-female issue, please lead me to that link.

I am a feeble-minded person and I watch soap operas on the TV. There is a weekly program called adalat in Sony Channel. Criminal lawyer K. D. Phatak is the hero there. He is always a defence counsel. But he is truthful. He accepts the brief only if he is convinced that the accused is really innocent. Certainly he cannot be your role-model.

In so far as winning or losing a case is concerned, there was no need for such a hue and cry against IPC 498A. In most cases the accused is finally acquitted. But why the husbands are against is that in India the punishment is before the court verdict. At first the accused is put behind lock-up. Then he is out on bail. But the worst agony for the accused is that the case goes on for years and years. He has to go on shelling out cash too. Will not a quick verdict and a jail term be better? The boy in this post also can face such a prospect.

The title of the post here is a question. Reading the question one gets an impression that the author is against punishing the boy.

Has Mr. Sumitra Kumar found answer to his question addressed to me?

@Ld. Scientist,

For the sake of readability and coharency, my question while maintaining the pertinency, goes along with your statements.

your statement- (4)   Later the boy married the girl in an Arya Samaj temple. If the marriage was performed according to Arya Samaj rites, it was valid under the Arya Samaj Marriage Validation Act.  All the offences committed by the boy before will become weak, if not get washed away.

My question-Do you mean merely performace of marriage wash away or weak any offence done is past in the said context?If yes,Which Criminal law theory propounds such theory?

your statement-(5)    It would be difficult to classify any s*xual intercourse the boy had with the girl, now his wife, as rape. But if she was blackmailed by her own husband, it was a punishable offence.  But he didn’t have to resort to blackmail just for having s*x with his own wife. Dal mey kuch kalaa hai. Nowadays they speak of marital rape.  I am unable to understand the meaning of it. Probably it was coined by middle-aged, past menopause frigid women, who harass their own daughters-in-law, but continue as members of women’s NGO’s.

My Question- What is your stand in this statement made by you?Do you mean unwilllingness of the girl in such s*xual intercourse, done by the boy(now husband as per your statement) with the girl(now wife as per your statement), is difficult to prove in this case as the boy married the girl?

your statement-(6) If the Arya Samaj marriage had been performed strictly following the rites, the girl cannot ask for a customary marriage again. I say the boy can be prosecuted for blackmail and for nothing else. As they are already husband and wife, the girl should be prepared for a separation and divorce.

My Question-Do you really mean it Sir?

Let my next reply wait your response.

Take this reply Notwithstanding anything contained in your latest reply in this thread. I shall deal with that reply separately later on at arrival of your new reply in this thread.

Kindly don't take it personally.It's  just an intellectual discussion.Hope you won't mind.

Thank you

Regards,

@ Mr. Sumitra Kumar:

Taking this personally; not at all?  Sometimes my posts are ignored. Then I do feel disappointed.

I am caught between Lawyer Tajobsindia  and Sumitra Kumar

There is a principle in law that any offence that was an offence at the time it was committed,  can get negated, by subsequent events/actions such as compromise or settling the issue by mutual agreement etc.

Now read the following from IPC

[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following de­scripttions:—

- - - -  - - - -- - -

Exception.—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

The girl married the boy following Arya Samaj rites. As the marriage was valid under law they were husband and wife since. Thereafter any s*xual relationship cannot be termed as rape. The girl cannot thereafter claim that her husband raped her before marriage. She can be asked  “if you were raped then, why did you marry him at all?”

See what the Learned Lawyer Tajobsindia is saying:

“hence both r@pe and/or blackmail trials will fall flat once True Copy of Arya Samaj Certificate the boy flasshes before ld. Magistrate as all past allegation events goes to dustbin of condo nation probability clauses and post Arya Samaj Marriage”

 I differed with Learned Tajobsindia only on the question of blackmail, because the pictures can be misused for purposes other than s*xual relations too. For instance the girl’s parents may reconcile to her marriage with the boy.  But if they come to see the pictures, their cultural conscience may be pricked. Further if the neighbors and other outsiders come to know there may be lose talk, affecting the reputation of the girl and her family. Also the husband can blackmail her to ask for dowry or property from her parents.  In any case the girl could not have a peaceful sleep so long as the pictures remained as a trump card in the hands of her husband and a Democle’s sword over her head. If it is difficult to prove in a court of law, that is a different matter

 @ Mr. Sumitra Kumar:

 Taking this personally; not at all?  Sometimes my posts are ignored. Then I do feel disappointed.

 I am caught between Lawyer Tajobsindia  and Sumitra Kumar

There is a principle in law that any offence that was an offence at the time it was committed,  can get negated, by subsequent events/actions such as compromise or settling the issue by mutual agreement, monetary compensation etc.

Now read the following from IPC

[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following de­scripttions:—

- - - -  - - - -- - -

Exception.—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

The girl married the boy following Arya Samaj rites. As the marriage was valid under law they were husband and wife since. Thereafter any s*xual relationship cannot be termed as rape. The girl cannot thereafter claim that her husband raped her before marriage. She can be asked  “if you were raped then, why did you marry him at all?”

See what the Learned Lawyer Tajobsindia is saying:

“hence both r@pe and/or blackmail trials will fall flat once True Copy of Arya Samaj Certificate the boy flasshes before ld. Magistrate as all past allegation events goes to dustbin of condo nation probability clauses and post Arya Samaj Marriage”

 I differed with Learned Tajobsindia only on the question of blackmail, because the pictures can be misused for purposes other than s*xual relations too. For instance the girl’s parents may reconcile to her marriage with the boy.  But if they come to see the pictures, their cultural conscience may be pricked. Further if the neighbors and other outsiders come to know there may be lose talk, affecting the reputation of the girl and her family. Also the husband can blackmail her to ask for dowry or property from her parents.  In any case the girl could not have a peaceful sleep so long as the pictures remained as a trump card in the hands of her husband and a Democle’s sword over her head. If it is difficult to prove in a court of law, that is a different matter