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Iam a Accused In Ipc 376 . How To Win My Case


08-Aug-2023 (In Criminal Law)
Me and victim love 6 years. In that time we made consensual sex . In the last of 6 year we argue with a problem and making silence each other. I take that seriously because i dont want to marry her after 1 year of silence my friend inform her i dont want her . When that time she called me and say dont do this because i used her .i said no use to call me she called my mom but my parents give same answer then she give police complaint for rape she said we were good friends and me invited her to my house to clear study doubts and rape her. She gave a date after that really we never met for 2 years but contact for 1 year she make it after that i disturb her for 1 year . Unfortunately i delete whats app messages i cant prove after rape date no friendly chat what i do?how to escape from this case. What proof needed? her medical is also prooved she left her virginity is it affect me? How can i win this case
Answers (4)

Answer #1
642 votes
Hi
Will need to look at the FIR and the charge sheet to advice you further. Consensual sex has will have to be probed. A case will be need to made out for discharge / acquittal depending on the stage of the case.

Regards
Adv. Abhinav Sharma

Answer #2
899 votes
You seem to have contacted many lawyers n still confused. Better hire an expert to follow ! We need more facts on this as when was the FIR lodged and did u go to JC ? Plz b in touch with more facts to make u understand
Answer #3
743 votes
The law states, if consensual sex occurred then it shall not attract the said section of IPC (376). Now, the complaint filed will determine the circumstances and facts which will eventually determine if the offence has occurred.

If consent was given on of promise to marry, etc, in that case, it may be inferred that consent was given on account of the said promise.

You can build your case by showcasing that you had been in a long-term relationship and physical intimacy occurred on account of the same.

Unfortunately, you have lost the chats. Look for evidence that suggests that you were in a long-term relationship.

An advocate shall guide you better after understanding the facts in detail.
Answer #4
647 votes
Hi,

Since such cases are very complex and rely heavily upon the facts and evidence on record it wont be practical to give you general answers as requested in this query. You may contact me and share the FIR/Chargesheet so that we may be able to see how to proceed in the matter.

Best regards.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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