How to reopen the closed rape case and false hope of marriage

829 votes

When he came to you so y did ur mother denied him. You should understand that marriage is not a child's play. And why did you close that without any guarantee that he wl not marry you.

Advocate Deepak Rathore LawRato

934 votes

In a number of recent judgments, the Supreme Court has ruled that consensual sex by allurement of marriage would not amount to rape. However, not all cases are plain and simple. In cases like yours, it becomes indispensable for the courts to notice the surrounding circumstances and facts. For example, in a leading case “ Yedla Srinivasa Rao vs State of A.P, Appeal (crl.)1369 of 2004” Hon’ble Justice A.K Mathur and Altamas Kabir of SC on 29/06/2006 rightly observred that “we are satisfied that the consent which had been obtained by the accused was not a voluntary one which was given by her under misconception of fact that the accused would marry her but this is not a consent in law. This is more evident from the testimony of the victim girl as well as witness who was functioning as panchayat where the accused admitted that he had committed sexual intercourse and promised to marry her but he absconded despite the promise made before the Panchayat. That shows that the accused had no intention to marry her right from the beginning and committed sexual intercourse totally under the misconception of fact by prosecutrix that he would marry her. Therefore, we are satisfied that the conviction and sentence awarded to the appellant is correct and no case is made out for our interference. The appeals are dismissed”.
In your case too the intention not to marry seems to be clear from the beginning as the boy has been continuously playing with your emotions. This is clear from the fact that he makes you drop charges against him by invoking the proposal of marriage and you being emotionally attached to him are willing to condone the sexual exploitation of your body.
Apart from this, the act of the accused(boy) also amounts to ch as defined in Section 415 of I.P.C and as such prima facie amounts to Section 417 of I.P.C. This can be said relying on the judgments given in “Mir Wali Mohammad @ Kalu vs State of Bihar” and “Jayanti Rani Panda vs State of West Bengal and Anr.” In these cases the court ruled that “ intentional inducement by giving false hope or promise of marriage is cheating”.
Even a charge of criminal intimidation under Section 506 of I.P.C can be framed, which must have happened with you at one some point or another as the victims are often intimidated in by the accused in such cases.
These penal provisions for cheating, fraud and criminal intimidation too are in no way less punitive than that of rape and would certainly make the accused repent for his immoral act.

Advocate Suneel Kumar LawRato

820 votes

Ma'am see it will be adifficult task to reopen the same since firsts of all you will be prosecuted for giving wrong and false evidence before court and the court might now even allow you to reopen the case and on the other hand can start proceedings against you. See as a lawyer or as a counselor it is advised to you that you should not get into the same mess again because once it is evident that he doesn't want to marry you then even in other case if you will put pressure on him and because of that even if he agrees then also I believe you will not be able to stay happy with him for long. Just think about other things in life and move on from this episode as an night mare.

Advocate Harshit Jain LawRato

895 votes

The case case can be reopen. But , the exact process can only be suggested, after going through complete court files and statements of witnesses. After going through, you will come to know the process of reopening. You might have to file appeal before High court

Advocate Ganesh Chandra Pandey LawRato

644 votes

well in nutshell nothing is in your favour but still ypu can file another case against him after due discussion with you.

Advocate Rajendra Sharma LawRato