Accusation for Committing Rape And Abortion
17-Jul-2023 (In Criminal Law)
what can be the defence when a person is of accusation for allegedly committing rape of a girl, known for several year to the accused and the girl has conceived a child due to the alleged rape and the same person is accused for the abortion of the child conceived from the alleged rape.
hell9 client as you have described here tht the girl have conceived a child due to rape of the girl .in this matter the person is still in litigation as an accused in this matter . in this situation your can can get quashed as well as the girl will get penalised for false litagation .
Hello sir. I have perused your legal query. Courts in India have for long held that the establishment of consensual relationships does not amount to rape. In a lot of cases, the allegation of rape is added as an afterthought. You will have to establish consent in the present case. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
The fact that rape happened is to be corrobated with other events and the conduct of the victim also. Further, there has to be cogent proof that such henious allegations are being stated cautiously.
The fact that she is pregnant by the alleged incident itself clears that he impregnated herself with consent.
therefore, the charges under section 376 can be challenged and you will be discharged, thereof.
The fact that she is pregnant by the alleged incident itself clears that he impregnated herself with consent.
therefore, the charges under section 376 can be challenged and you will be discharged, thereof.
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