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What to do a false case of rape has been filed


04-Jul-2023 (In Criminal Law)
My brother has been falsely accused of rape and the girl has falsely blamed him of intoxicating her and raping her. There are many (4 to 5) sections on him
Answers (2)

Answer #1
883 votes
Dear client! As far as rape allegations are concerned they appear to be serious offences. As the liberty of your brother is concerned you may approach the high court for quashing of f.i.r.\ stay of arrest. So the police should not arrest your brother. Later the investigation shall be carried out by the investigating officer and if there appear no proof or evidence of rape the police shall file a closure report.
If the provisions of section 438 cr.pc. are in vogue in your state you may file an application under aforesaid section before a sessions judge or high court.
Answer #2
688 votes
In this case much more depends on the statement of the girl before magistrate and medical examination of rape victim.Now a days false cases are being registered. It is time to avoid any kind of relationship that lead to this stage. One thing is of utmost important, u need to focus on circumstances that fetch inference of consent on her part.Live in relationship or affairs over years may be mitigating factor in this case.

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