Vishal Gupta (lawyer) 12 August 2009

Rape found after being four months pregnancy!

A divorcee lady had a s*xual intercourse with her driver and after getting pregnant, she is giving threats to the driver alleging that she had been raped. Now the lady had lodged a case with the police after inordinate delay. Driver version is that the lady had s*xual relations with other persons also. How can the rape be proved? Is there any remedy available for driver.

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3 Replies

R.R. KRISHNAA (Legal Manager) 12 August 2009

At the outset it is the burden on the part of the lady to prove that she has been raped (i.e., s*xual intercourse without consent). This initial burden has to be prima facie discharged by the lady. Since 4 months have expired a doubt would be cast upon her allegation by the court. Secondly the driver can very well take the defence that it was not rape and it was only a consent s*x. The driver may also say that the lady is of immoral character as she has had s*x with many persons.

Kiran Kumar (Lawyer) 12 August 2009

Gupta Ji.....things can go both ways.

so it will be more of handling of facts and circumstances of the case....in case of Rape she has an upper hand but 4 months prd is enough to disclose the fact of rape or she may say that the accused committed her for marriage.

as far as her character is concerned u can not impeach the character of a rape victim may be she is a prostitute....specific amendment in this context in Evic Act.

so finally c the FIR and circumstances to assess the correct position.

Raman ( ) 13 August 2009

Dear Vishal,

My thread may not be giving you a solution but I want us to have a friendly discussion here!

All I am curious to know is:

What points made you believe in your client's story that this lady has certainly involved in such activity!
Why would any woman dare to make such a false accusation on her driver, and damage her reputation suffered as a result? What does she want from the Driver? Is he stinking rich or possessing any other qualities that a normal woman craves for?
Why would one think that there’s a great delay in her lodging the case with the Police? The Driver might have threatened her to prevent her from disclosing the facts!
The Driver version of her sleeping with other people …, so what? Anyone can have a ride now w/o her consent?

However as Krishna said, the lady has to meet her burden of proof which I think would be very easy through DNA & medical tests. Also, as per the following article she doesn’t even need prove any …

https://timesofindia.indiatimes.com/Injuries-not-necessary-for-confirmation-of-rape-SC/articleshow/4763672.cms