LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dipangkar (Business)     18 July 2011

Statement of Sextual Affair against Boy

Boy is Unmarried, and known for his Good nature & character in Society.

 

Girl is Separated from Husband, Not Divorced, Living with her parents for years along with her School going daughter.

Girl use to visit Boy's house daily for years, to gossip with Boy's family.

 

Girl is claiming that Boy had s*x with her 2-3 times. (Probably False statement, to capture that poor Unmarried Boy.)

 

What will be the Legal position / situation, in such a case, only based upon the statement of the Girl ?



Learning

 9 Replies


(Guest)

if the girl used to visit the family to gossip how did she get the time or chance to have s*x? what's the age of the boy and the girl? i have a vague memory of reading somewhere that to convict someone for something you have to prove the allegation beyond resonable doubt. but society wise this will be very damaging for the boy.

1 Like

Dipangkar (Business)     19 July 2011

Originally posted by :roob boo roo
"
what's the age of the boy and the girl? 
"


Both are 30 plus.

Ms Liberal (others)     19 July 2011

Is she has maken statement before police?

If there is consensual "affair" between them then no legal question arises under section 376 of IPC as promise to marraige don't exist as the woman is already maaried/ separated?

iF HER HUSBAND LODGES THE COMPLAINT THEN BOY MAY BE IN TROUBLE FOR CAUSING ADULTRY

Only merely statemnt is not sufficient in that case and that from the side of woman only, Husband may file the case for divioce against wife too for causing adultry

Logi speaking why the woman is doing so?? Where there is smoke there must be fire.

Some thing may wrong have existed between them if not "affair"

1 Like

Ms Liberal (others)     19 July 2011

The boy needs to be acquitted from charges first and then may take defamation case against the woman (if he is purely innocent) and may file other cases under provisons of IPC FOR LEVYING FALSE CHARGES and for this he has to make the application before the magistrate for complaiant

And for this is essential that woman must registered false complaint against the boy before public authority

1 Like

Dipangkar (Business)     19 July 2011

 
     

Originally posted by : Ms Liberal

Is she has maken statement before police?

No, she has not logged any police complain so far, but she might be motivated  to do so, as a lots of "smart advisers" are around. She is trying to submit her claims socially, so far.

 

 

Originally posted by : Ms Liberal

Logi speaking why the woman is doing so?? Where there is smoke there must be fire. Some thing may wrong have existed between them if not "affair"

 

It may not be so. Boy is Rich. He is from a reputeted family background.

 

Girl family is newly Rich, with corrupted money. Girl's family background is not so reputeted. Girl's Father's family consists of a lots of members, so Girl needs Money for self-maintainence. 

 

It might be possible that she is finding this innocent mild natured boy, easy to trap as her captive, to seek a life with him, that she left behind. She can also be in a one-sided love with this boy.

   

(Guest)

Ms Liberal How can be you so much sympathetic towards the Boy???

Raghav Sood (Lawyer)     19 July 2011

its a serious abuse of process of law by female and moreover its not rape since she is more than the age of consent and she herself engaged in s*xual relationship.

well their is no counter mechanism to curb the launhing of false prosecution so far

just right a simple application scribe the facts of threats by female and send it to national human rights commission and to the concerend SSP or SHO before she bring in motion the criminal justice machinary against the boy (but dont right about intersourse) just the threats for implicating the boy

1 Like

Dipangkar (Business)     19 July 2011

We can note that...

 

Girl claims to have s*x with Boy for more than one Day.

It was the Girl who Keeps visiting the Boy's house Daily for Gossips.

 

Let us assume that they had S ex.

So why did She keep visiting the Boy's house after her 1st Sexual Affiar with him, instead of Protesting ? Maybe to have more S E X with him, or to try to Trap him to marry her or to maintain her as a KEEP ..... (???)

1 Like

Shantilal Pandya ( Advocate)     28 February 2012

She can file  complaint  agasinst the boy  but  court  can  convict the boy only   if  rape as  defined in the IPC is  proved   beyond reasonable  doubt , for appreciation  of  evidence  all the  relevant facts  and  circumstances  and the  conduct of the parties wil be  kept in mind  by the  court . the boy  need not  do  anything before hand .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register