LawRato

How to deal with false attempt to rape case


In Criminal Law
If anyone filed FIR against me that is attempt to rape with false doctor injury certificate and state that he has no any witness. then what should I do?

Answers (1)


167 votes

Need to review the copy of the FIR. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. For the sake of discussion, Supreme Court has held that unlike the charge of attempt to murder, IPC does not recognize the charge of attempt to rape. Rape is said to have been committed only if a man inserts his sexual organ into the victim. Any other act only qualifies for the offence of outraging a woman’s modesty. Highlighting this difference, the Supreme Court has said that a man who is caught preparing to rape a woman cannot be charged under section 376 of the IPC. He also cannot be charged with attempted rape under section 511 of IPC, which deals with attempts to commit murder or preparation to commit dacoity. Section 354 IPC is applicable in such cases.

There is no necessity for having a witness. As per the latest rulings of Apex Court, it is held that a prosecutrix with whom such heinous crime has taken place witnesses are not required. Now as per Apex Court's ruling even at the time of Evidence it is not necessary to prove the happening of incidence by adducing Medical Evidence. Solitary evidence of the prosecutrix is sufficient enough to prove the guilt.

However, if such incident did not took place and you have been falsely implicated in this case, then you should approach Calcutta High Court for quashing of the FIR and criminal proceeding against you.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato

Popular Criminal Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience

Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Criminal Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles