Legal Question in Criminal Law in India
During both CRIMINAL and DIVORCE proceedings initiated by wife, wife accuses husband of forced unnatural sex. Husband says unnatural sex was consensual.
1. How will court determine who is right?
2. If husband is guilty, what is the penalty?
3. Can husband be acquitted since there is no proof or is he presumed guilty based on wife's allegations?
Asked on 11/13/09, 2:17 am
2 Answers from Attorneys
Seshadri Srinivasan
www.lawconcern.com
Usually wife's testimony is relied upon.
Answered on 11/13/09, 2:36 am
Seshadri Srinivasan
www.lawconcern.com
In criminal proceedings a blanket advice cannot be given, however in these type of cases only one witness will be there and also possible medical expert evidence as proof.
Answered on 11/13/09, 2:39 am
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