shivananda Guest
Asked July 27, 2016

False Rape charges

  • 2 Answers
  • 247 Views

I never raped but i hv a complaint on me. She is a tenant in my house. She got a divorce and approached me for sex. Now her her father has put case on me but really i never raped her. If they want go for a medical test, then? I planned suicide. No 1 knws d truth is der chance to get show the truth?

Answers 2

Answered by Amrisha Tripathi, Lawfarm:

 

First of all, you should really not lead yourself into believing that a woman can get away with a false rape allegation just by virtue of her alleged ‘oppressed’ status. A rape is called a rape owing to the existence of certain circumstances. Sadly, in India, sexual offences are perceived to be happening against the female population only (sometimes, rightly so) but this will not alter the principles of natural justice in any way. For any case that is filed against anyone in the court, the proceedings begin on the premise that a person is innocent until proven guilty.

Secondly, rape being a sensitive issue, you should never give in to any kind of pressure from the police/investigating authority/opposite party, to admit the offence. If you are being threatened in any manner, make sure you document it as an evidence against them.

Thirdly, you mentioned that the woman, who is your tenant, got divorced. You can look into the reasons of her divorce to see if she was responsible for it in anyway. Was she living with her husband? If yes, try to talk to him to find out about her (here, she might not be at fault at all and the point of this conversation is to find out about her personal life and if she has any history of affairs outside marriage or a hostile behaviour towards her husband/in-laws, etc. Moreover, if your tenant’s father has filed a complaint against you, it will be on him to prove that you are guilty of raping his daughter.

When it comes to the medical examination, in my opinion, mere traces of your seminal fluids on the genitals of this woman will not prove rape. This can also be an evidence of the fact that she had a wilful sexual intercourse with you. Apart from the definition of rape under Section 375 of the Indian Penal Code, there have to be certain other signs which medically confirm the occurrence of rape.[1] If the sex was consensual, there is no way the opposite party can prove rape through medical examination. On the contrary, the evidence could boost your case.

 

If the allegation of rape is not proved you can hold the opposite party liable under Sections 182, 193, 195 and 211 of the Indian Penal Code. All of these provisions penalise the act of falsely implicating, alleging and giving/procuring false evidence against a person with an intention to harm their person, property and reputation. You can also claim compensation for defamation and mental harassment under Section 499 of the IPC.

 

 

 

[1] Alekh Tossa vs. State of Assam [2008(1) GLT 933]; also see Badal and anr. vs. State [1999 (19) BLD 527]; Read Sarah Anderson (and others), “Genital Findings of Women After Consensual and Non-consensual Intercourse”, Journal of Forensic Nursing, vol. 2 no. 2 (2006).

Agree Comment 0 Agrees about 1 year ago

Sir, 

      In this case if an FIR and complaint has been lodged then just engage a lawyer and first file a bail Petition for anticipatory bail further you can also approach the High court for quashing the FIR, further the police will investigate and if they find that it is a false complaint they will file a report in court that it is a false complaint, further even if the police file a chargesheet then you can engage a lawyer and fight the case, suicide is not the answer and it is also an offence, so better engage a lawyer.

Agree Comment 0 Agrees about 1 year ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now