Legal Question in Criminal Law in India
on rape
how to prove rape happened when victim is threatened
5 Answers from Attorneys
Re: on rape
the rape victim should immediately be taken to hospital preferably a government hospital and her medical examination should be conducted. this would substantiate her claim that the rape was committed. the police would immediately lodge an f.i.r. after the medical report. as far as threatening is concerned, the threat can also be included in the body of f.i.r. and the f.i.r. would also be registered u/s 506 r/w sec. 376 of i.p.c.
Re: on rape
by leading medical evidence and oral evidence of victim how she was threatened and how the rape was committed
Re: on rape
Question of proof arise before the Court during trial. At that time, by giving evidence before the court one can prove rape.
Re: on rape
Your statement is incomplete. The answer will depend upon the stage - whether FIR has been recorded or not; If yes, the stage of investigation;
If the accused is on bail or he is in jail? The threat is from the accused or someone on his behalf?
Remedies about threat is different than that of proving the charge in court.
The stage of proving comes only after filling of Police report.
The victim is entitled to make her statement in the court; and if the accused is on bail, she should apply for cancellation of his bail on the ground of 'threats' being received.
Re: on rape
Your advocate will prove it by medical and other evidence.
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