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Consensual sex and later denial of marriage, fir is filed
14-Oct-2023 (In Criminal Law)
One guy met me on shaadi.com. we fell in love, he promised for marriage but after having sex he denied for marriage. I lodged FIR against him under 376. But my family advocate saying I will lose the case because it was consensual sex and case will be dismissed. What should I do?
Hi, under such cases it has to be established that the consent was obtained under false promise ..A consent obtained on a false statement is not considered a valid consent and amounts to rape …it is advisable to contest his bail application..
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Adv. Hemant Chaudhary
Gurgaon / Gurugram | 25+ Answers
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it will depend on the language and allegations you levelled. sex on false promise is definitely rape but you have to prove his intention was bad since beginning and his intention was to make sex and not marriage. So it is the contents of complaint which are important and is your allegations disclose what I said above, he would be in trouble. so better you consult a good lawyer for better opinion.
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Adv. Naresh Madan
Faridabad | 25+ Answers
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Your family advocate is right somewhat . Actually consensual sex is a great defence under 376 . But how it is obtained matters the most . There are various provisions in Indian Penal code which should be read with 375 to make the most of your case. Your consent is not free of everything . He definitely got this consent by defeating the provision of law . You can definitely make a case out of it . Thanks
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Adv. Amit Sharma
Karnal | 25+ Answers
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