Legal Question in Criminal Law in India

Hi,

One of my friends(identity undisclosed) is having a problem for which he needs legal advice. He is into a releationship for past 2 years with a girl and as far as I knew things had been working fine. Lately he had been mentally disurbed and I thought of asking him the reason. He was reluctant to tell earlier but when I insisted a lot and told him that he may loose me as a friend if he dont say, he revealed a shocking incident. The girl with whom he was into releation was demanding money from him for past few months and he had paid her 20 to 30K every

month without any proof of payment (in cash). Now she says if he doesnt pay him 10 lakhs in cash she would go to police station and say that he had sex with her promising that he will marry her and now he is refusing to marry her and she wants to term this as rape and put rape charges on him. My friend told me that he never said he will marry her but he has no proof for that. Neither the girl has any proof that says he promised to marry her.Also he had never forcefully did sex with her so she cannot show any injury mark inflicted by him.My question is can the girl put rape charges on him now and put him behind bars before the case starts in court? What will be the consequenses if the girl cannot show any proof regarding injury mark or any kind of communication from my friend which says he promised to marry her? What will my friend do now if we take this fact under consideration that he is innocent?

Thanks


Asked on 5/06/13, 9:25 pm

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Girl may level rape charges and your friend may be put behind bars by police.

In view of liberal provisions of evidence law in such cases, statement on oath made by girl may be sufficient to prove that she had sex with your friend on promise of marriage.

Outcome/result depends much upon admissions obtained during her cross as well other evidence exposing faslehoods in her evidence.

Read more
Answered on 5/06/13, 10:53 pm
shiv shakner saini saini law

I dont know why a girl or a boy use to do such things then thy ask here for help?????????? its so shamefull

Read more
Answered on 5/07/13, 12:20 am


Related Questions & Answers

More Criminal Law questions and answers in India