Meenakshi Kushwaha 08 December 2021

married fake rape case

my brothers age 27 years had a relationship with a married woman having three child along with his husband she was in a live in relationship with my brother for two years few days back when my brother tried to break up with the women knowing that she is is still married and having relations with other peoples also the women forced my brother not to leave the city and the room she knew without her permission forcing him to marry her or or she will go to his home. one day when my brother uh change the room without her concern she came to the room where is partner I was also living in the absence of my brother and forcefully stayed there overnight in the absence of my brother roommate. next morning when he got back to his room he found that the lady was there was there. when the landlady try to take her away from the room she tried to commit suicide by hanging herself by the time she was rescued by the landlady and landlord present there. when my brother try to to drop her home as she was denied to go alone and forcefully took my brother to her home where his brother and sister's husband and mother forcefully kidnap him and torture him. they why forcing him to marry her immediately. my brother called 112 and the policeman came and rescued him. after policeman and came his sister husband left my brother to the bus stand while his bike forcefully kept which recovered by police again. next day the lady filed case under section 376 2n, 323 and 506. what should we do now .

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Aryan Raj 08 January 2022

In response to your query,

The offence under Section 376(2)(n) is punishable with rigorous imprisonment for a term which shall not be less than 10 years but may extend to imprisonment for life i.e. the imprisonment for the remainder of natural life and also with imposition of fine.

Section- 323, Punishment for voluntarily causing hurt. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section-506, Punishment for criminal intimidation. —Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.

From the facts mentioned above I could understand that your brother is being framed for all of these offences which he didn't actually commit therefore I would suggest you to consult a learner lawyer and narrate all the facts to him/her briefly to get proper legal assistance and present the evidence in the court of their relationship for example the proof of them living together in the same house for a long period of time. And if they were in a relationship they must have exchanged messages or mails which will prove that your brother hasn't committed any s*xual offences without consent or made any voluntary injury to the woman. And you can also prove that the woman was hiding the fact that she was still married and despite being married she was forcing your brother to marry her. Also as the police helped your brother after he was kidnapped therefore your opposition party doesn't have a strong case against your brother.

In fact your brother can claim damages from the woman and her family for torturing him and harrassing him.

Regards,

Aryan Raj