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What to do when date and time of alleged rape is not in FIR


07-Mar-2023 (In Criminal Law)
after consensual relationship both the boy and girl thought to marry but due to behavior of girl the boy said no. Now the girl is using the loophole in law to fix the guy and she has fabricated the FIR to suit her convenience. The guy has proofs that the girl is doing household works after alleged rape plus videos where she is laughing and smiling. She also faked few points in the FIR for which no one has any evidence. FIR is done 10 months later the alleged rape. Throughout the relationship she was also talking to other guys on matrimonial. Now she has put three things without proof False promise to marry, Rape and cheating. Promise to marry she told is 6 months after consensual relationship.
Answers (5)

Answer #1
804 votes
Looks like you have a good case on merits. it is the settled law that a delay in FIR is fatal to the case of prosecution. It's not possible to answer all of your questions here in the chat box. I would suggest you to contact me to get more insights into the case. Good luck!
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
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Answer #2
808 votes
Dear clinet First, you should apply for an anticipatory bail in case the police has not made an official arrest / issues a 41A process. If arrest has been made then go for a regular bail. Second step would be to wait for the CS to be filed and filing a quashing petition Feel free to get in touch to discuss further
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
769 votes
In the FIR lodged by the complainant, if there are no details about any date and time of the incident, then one can apply for Anticipatory Bail before the Magistrate. Also, conduct of the complainant can be relevant but cannot be the sole reason to reject the complaint.
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Advocate Parul Singh

Adv. Parul Singh

LawRatoDelhi | 25+ Answers
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Answer #4
965 votes
If FIR has been lodged ! The first things is to get bail ! Secondly you need to fill police files chargesheet ! Then your advocate needs to do vigorous arguments during framing of charge ! Subsequently! U need expert advocate for entire trail proceedings ! B in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #5
517 votes
It's totally false case but once FIR has been registered, first of all you have to file anticipatory bail if not yet arrested if so then Regular Bail. See there are so many cases now day where girl slap false rape case on boy but non-guilty has to be prove in court with supportive evidences, therefore boy has to take legal help ASAP. on the facts you described above you will surely get relief and proved non guilty. I have handled so many of such cases and get our client out of trouble
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Advocate Ravi Panwar

Adv. Ravi Panwar

LawRatoDelhi | 25+ Answers
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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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