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Filed rape case against boyfriend now he is asking to withdraw it
07-Jan-2023 (In Criminal Law)
Hi, my problem is that me and my bf are in relationship from 2 years first time he made physical relationship with me without my wish and told me that he will marry me and he continuosly made relationship with me by giving a false promise of marriage. I told him so many time for marriage he married with me in mandir in front of two people but after that i refuse for physical relation and told him to please ask your parents for registered marriage he told me will marry you in front of him also after few months but two years completed he ignored my calls and told me not to contact with me in future. I filed a case against him of ipc 376 and he is in central jail from 28-dec-16 and now he is saying me that sorry i did wrong with you and i will marry you please forgive me. And saying me to withdraw tha case but i have doubt with him and his family that they are playing with me after withrawing the case they will not complete there promise. Now the boy is saying that please provide me bail
Your boy friend is a fraud .because he done promise n broke it. So he is not loyal for u. At present he is in jail so again he is cheating u because he want to come out of jail. This is no guarantee for Your future.So please thought abt your whole life n take your decision. Thanks
Adv. Divyendu Kumar Bairagi
Indore | 25+ Answers
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महोदया
आपका और आपके bf का रिलेशन को आप बेहतर समझ सकती है। आपके द्वारा कोई कानूनी सलाह नही मागी गयी है। मेरी आपको सलाह है की आप इस मैटर को अपने परिवार वालोंं के बीच रखेेंं क्योंंकि वे आपके है और आप अपनो की बातोंं पर पूरी तरह यकीन कर सकती है और आपके bf के बारे मेंं आपसे बेहतर आपके परिवार वाले नही जानते है और जिस तरह आप उसके बारे मे लिखी है उससे ऐसा लग रहा है कि वह अवसरवादी है और वह आपके लिए उपयुक्त नही है।
कृृपया पूरी बात माता पिता के समक्ष रखे निश्चित ही वे आपको सही सुझाव देंंगेंं।
आपका और आपके bf का रिलेशन को आप बेहतर समझ सकती है। आपके द्वारा कोई कानूनी सलाह नही मागी गयी है। मेरी आपको सलाह है की आप इस मैटर को अपने परिवार वालोंं के बीच रखेेंं क्योंंकि वे आपके है और आप अपनो की बातोंं पर पूरी तरह यकीन कर सकती है और आपके bf के बारे मेंं आपसे बेहतर आपके परिवार वाले नही जानते है और जिस तरह आप उसके बारे मे लिखी है उससे ऐसा लग रहा है कि वह अवसरवादी है और वह आपके लिए उपयुक्त नही है।
कृृपया पूरी बात माता पिता के समक्ष रखे निश्चित ही वे आपको सही सुझाव देंंगेंं।
Adv. Dharmendra Kumar Pandey
Jabalpur | 25+ Answers
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(1) Offence under Section 376 of the Indian Penal Code, 1860 is not compoundable. This clearly means, even the Court cannot permit to withdraw the case or to pardon him. Case will go on.
(2) For withdrawing such cases, some people may advise to change the statement in the Court, but remember, this may make you liable for malicious prosecution and for giving false evidence. So, as the offence is already non-coumpoundable, don't try to settle case in illegal manner.
(3) Legally, you don't have right to pardon him and withdraw the case against him. Therefore, even if you forgive him, your forgiveness won't make him free. So, don't forgive him.
(4) For his conviction, prosecution will have to prove that he had no intention to keep his promise of marriage right from the initial stage, i.e. the stage from which your relationship started. But, in many cases, after long period of relationship, it becomes impossible to prove that the accused had no intention to keep his promise of marriage right from initial stage. And therefore, accused gets acquitted.
(5) Only the Court of Session or the High Court have right to allow him bail on their discretion, because offence of rape is a non-bailable offence. You should not forgive him, and his bail application is accepted, you should not arrange surety for his bail.
Let him be punished by law..
(2) For withdrawing such cases, some people may advise to change the statement in the Court, but remember, this may make you liable for malicious prosecution and for giving false evidence. So, as the offence is already non-coumpoundable, don't try to settle case in illegal manner.
(3) Legally, you don't have right to pardon him and withdraw the case against him. Therefore, even if you forgive him, your forgiveness won't make him free. So, don't forgive him.
(4) For his conviction, prosecution will have to prove that he had no intention to keep his promise of marriage right from the initial stage, i.e. the stage from which your relationship started. But, in many cases, after long period of relationship, it becomes impossible to prove that the accused had no intention to keep his promise of marriage right from initial stage. And therefore, accused gets acquitted.
(5) Only the Court of Session or the High Court have right to allow him bail on their discretion, because offence of rape is a non-bailable offence. You should not forgive him, and his bail application is accepted, you should not arrange surety for his bail.
Let him be punished by law..
Adv. Sandeep Naik
Indore | 200+ Answers
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Rape is a non-compoundable offence and it is an offence against society, and is not a matter to be left for the parties to compromise and settle..
However, nowadays the courts are very strict and do not allow a complainant to withdraw a case .. In fact, in certain cases, the court goes on to fine you or may even sentence you imprisonment for filing a frivolous case. .I suggest you that let the matter proceed. when the case reaches the stage of evidence, you may give contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges.
However, nowadays the courts are very strict and do not allow a complainant to withdraw a case .. In fact, in certain cases, the court goes on to fine you or may even sentence you imprisonment for filing a frivolous case. .I suggest you that let the matter proceed. when the case reaches the stage of evidence, you may give contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges.
Adv. Vinay Pratap Singh
Bhopal | 25+ Answers
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- Section 376 of IPC
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