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

@Ld. Scientist,

The prinicipal of compromise,you are talking about,is called compoundable offence in criminal law.But the offence we are discussing here is non-compoundable.So,no question of compromise.

 If her boyfriend possessess her nude picture and he used it blackmail her, following should be noted-

1. para 4 of your post,which is the subject of our argument, holds no ground as any consent caused by coercion in agreement render the agreement(let's say contract and marriage is a contract) as voidable agreement.Thus if girl says no to this marriage later on,her argument will be accepted, in view of coercion.

In light of the point number 1, we can safely say that your para 5 and 6 becomes meaningless.

Now what is to be emphasized here is that condition depends upon the fact that whether she is able to produce those photographs before the court or not(As 'The senior'  and Myself opined in our subsequent posts).

If she fails to produce the evidences(her nude photographs in possession of the boy in question) before the court ,the boy in question will get the benefit of the doubt as the theory of criminal law says.


Hope you understand.There is nothing like your posts are ignored.Had your posts been ignored,we would not have responded you.


Thank you

Regards,

I wish Tajobsindia also notes the argument of Mr. Sumitra Kumar

A case of rape is not  compoundable. But if the accused and the victim decide not to pursue the case all those who can  pursue the case, viz.  The Police, the Prosecutor, the Court, the Parents of the girl all will be helpless. In order to make a case non-compoundable, the minimum requirement is that the complaint should reach the Police first and the Police should file an FIR. If the compromise or compounding happens even before the FIR, who is there to proceed with the case?  There are cases, which could not be pursued because the victim turned hostile in the final stages.

Now your argument says that the girl claims that the marriage was void as it was obtained by coercion. The narration says that first the girl consented for s*x, because of a promise of marriage. The marriage did take place, though after some delay. Now how the girl can claim that she agreed for marriage under coercion. It is not easy to make a legally valid marriage such as an Arya Samaj marriage void. There will be requirement of identification of the parties, witnesses and the couple and the witnesses signing the register etc. The Senior didn’t concur with you exactly. See what the Senior said against what you say of the girl claiming that the marriage was under coercion

“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

@Ld. Scientist,

I believe you need an interactive session with me to let your doubt vanish. It's not feasible for me to give here a long lecture for your every post.

Anyway, I suggest you to have few observation-

your's saying

"Now your argument says that the girl claims that the marriage was void as it was obtained by coercion. The narration says that first the girl consented for s*x, because of a promise of marriage."

Reply-why did you miss my statement before i made the above one?

"If her boyfriend possessess her nude picture and he used it blackmail her, following should be noted-"!!!

I made it clear in my very first post in this thread that first time s*x was consesual of which the boy took advantage of by taking objectionable snaps only to be followed by blackmailing in all subseqent occasions.

Should you need more explanation, you do have an interactive session chat in PM mode with me.

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Thanks,

Regards,