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Promise to marry case put after consensual relationship


04-Mar-2023 (In Criminal Law)
Promise to marry case, (section 375+90) and actual rape 376 is filed on my friend where both were in a good relationship from August 2021 to August 2022. The girl alleges that the guy took her to a church and promised to marry in the month of december 2021 while there are no pictures of that. They both discussed marriage in month of January 2022. This boy and girl are 30+ aged and were visiting various hotels where girl and boy both booked much before alleged promise to marry. Does promise to marry case work if sex happened before ???? Girl says even if they were in same room at various hotels from August 2021 to December 2021, the boy didnt have sex with her but post promise to marry (no proof) January 2022 he raped her. She knows no medical proof will be there hence she pasted it conveniently. Is justice so blind??? All this time she was searching groom on matrimonial. Also, the guy has also put efforts to make her meet his parents and convince them but due to girls behavior he went
Answers (5)

Answer #1
601 votes
From whatever facts you've written, it seems like a false case but the same still needs to be proved before a court of law. The outcome of the case depends a lot on the chargesheet which is or will be filed by the investigation officer. There are various remedies available to you.
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Advocate Rohan Sharma

Adv. Rohan Sharma

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Answer #2
603 votes
Allegation itself is sufficient to get an FIR registered under Sec. 376 IPC. Sexual intercourse on the pretext of marriage is sufficient to build her case of rape, although, its a matter of trial whether the sexual intercourse happened after the alleged promise or not. You have a good case.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #3
721 votes
You have remedies before the trial court and the accused can get bail from the court itself if it is a case registered under sec 376 as you mentioned. During the trial and after the chargesheet is filed accused can file for discharge before the concerned court.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

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Answer #4
927 votes
Dear clinet In case an FIR has been lodged and arrest has not been made. File an anticipatory bail first and then wait for the CS to be filed and move a quashing petition. Feel free to discuss further
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #5
917 votes
If the FIR is filed in relevant sections, You need to file an anticipatory bail application if the arrest has not been made yet. Also, provide me actual facts of the case as going through your query I can feel that it's a fake complaint, which is out of the result of a failed relationship. So, You have all the evidence in your favour to win this case.
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Advocate Prasenjit Das

Adv. Prasenjit Das

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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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