Dear Sir,

If you have not raped your girlfriend then you need not to bother.

Thanks

(query[at-the-rate-of]nrilegalconsulting[dot]com)

thats the best part i have never thought of raping her… but now she has put a false case on me…as it is a technical case will its judgement be given solely on the statement of complainant??? as in these cases no medical proof is there but only testimony of complainant is there whie is completely a fabricated one.

Dear Vipul, these false rape cases have become very frequent of late for the purpose of extorting money or even to get forcibly married. According to a land mark Supreme Court Judgment in the case of Radhu vs. State of Madhya Pradesh, (2007) 12 SCC 57, “The courts should bear in mind that false charges of rape are not uncommon. There have also been rare instances where a parent has persuaded a gullible or obedient daughter to make a false charge of a rape either to take revenge or extort money or to get rid of financial liability.” The same has been reiterated in a number of cases, including Virender vs. The State of NCT of Delhi. In fact a woman in Chennai was fined Rs 35 Lakhs for bringing up false rape charges.

There are few question that I believe are important:

1. Whether there is any report of DNA test which may have been conducted?

2. Whether she is withholding any information? Or she is adducing false evidence for this?

3.’Rape’ in legal terms is also used to describe consensual sex if the woman was promised marriage (or lied to, or cheated) to get her to consent. So, whether there was any such promise on your part.

Further Section 211 of Indian Penal Code states, “Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, knowing that there is no just or lawful ground for such proceeding or charge against that person can be punished with imprisonment for a term which may extend to two years, or with fine.”

Also, Section 182 (b) of Indian Penal Code states, “Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant- to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

So, if the case being instituted against you is false, it is certainly possible to protect your interest. You have remedies as I have illustrated above, and this has been taken cognizance of by the Courts also in the recent past.

Adv. Rajiv Malhotra

www.lawkonect.com