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LYour first step should be to secure an anticipatory bail, higher a good lawyer. Keep your chats handy, nowadays so many courts and SC have reiterated that consensual sex is not rape after relationship goes sour.
If police harrasses, advise would be to meet them through 3rd party and grease the OC a bit to avoid arrest. Don’t get politicians involved because they will only try to milk you for more money.
Tell the girl to fuck off and suck her ass and also that you would proceed legally.
LThe only best policy would be to stop immediate arrests in “rape on promise of marriage/jobs/promotion” and sexual assault cases which are over a year old from the date of last incident and the victim is major.LWhy are you marrying someone you don’t have trust. If you are not happy, you deserve to say no. Ofcourse you will face legal actions, probably a rape case but if you do marry her, they know that your family is timid then get sure that lots of cases are coming your and your family’s way.LHe must be in judicial custody because in pocso it is mandatory to appear before the magistrate in 24 hours.
He will be acquitted after 4-5 years and spending close to 10-15 lacs. More he spends,sooner he will be acquittedLIt is not a typical rape case where there was resistance. The girl gave consent on grounds of promise of marriage which itself was ridiculous from the girl’s part. And the guy allegedly did not fulfill the promise he was engulfed in a rape case that too after a period of four months the girl realised that she was tricked into consent. This is not one single judgement that where the rape accused was told to marry the victim, in Indian kanoon website you can see countless such cases where the accused ultimately agress to marry the victim. In the instant case, the victim too did not oppose the marriage means she wanted to marry the accused too.And stop calling the rape accused as rapist in false promise cases. Even your brothers and fathers can be accused of rape in a broad daylight in a busy street and they can do absolutely nothing about it
LNAL. Been in a slightly similar situation. What was the duration between breakup and the said new alliance?
Practical suggestion would be to keep in hold the marriage talks and get in touch with an advocate. Since the girl is aggressive anything you do will trigger her. File an FIR or atleast a complaint against the girl and her mother, take the receiving copy from local police station. Submit the same in SP office. Do not state explicitly that you were physically involved, that is the for the court to find out. Mention extortion in the complaint. Then just sit and wait, let the girl play her tricks.
Also hire a good experienced advocate don’t go cheap. Also pay the police through the advocate to avoid getting arrested.Hope you come out of it.
LWomen can withdraw consent even after the act to screw you if she wants. Better avoid hookups because in initial stages IO will disregard your evidence, prepare a chargesheet and session court will convict you most probably (they are not accused friendly). Expect justice from HC that too after 1.5 years atleast.LYou are basically going against the judges’ employer, so….high courts and trial court’s won’t do anythingLBrother you should have got a relieving letter, you can’t join directly from one gov department to another. That said, they are threatening you that means they want their hands to be greased well. Better connect with a lawyer before initiating legal steps and visit the previous office headquarters unofficially to know exactly what they want and whether bribing can help.LI am not a lawyer, but for your relative I can suggest these things:
1) Pray to God that she doesn’t file a case and finds someone else to marry or love.2) If she go aheads and file a case, there are plenty of judgement cases to support your cause but judiciary you know, it will take 4-5 years minimum to reach high court if you are middle class. Session courts will just see prima facie and convict you.
3) Gather any evidence that shows that she indulged in sexual relationship out of love and affection too and promise of marriage was not the only thing. For that her education, age would matter . Proofs like gifts, photos together in a restaurant can also come to rescue you.
4) Do not marry just immediately after the break up. Give it some time to cool down.
5) Get an aggressive lawyer and be prepared with atleast 10 lacs money for quashing, anticipatory bail plea, lawyer fees etc. Dont settle for a cheap one, you need someone who can move swiftly to stop you from getting arrested.
6) If FIR is registered against you and you know police will arrest you send someone you know to the PS and grease the OC.
7) Don’t compromise with the girl, rape is a non compoundable offence. Better pay money to police to lighten your chargesheet.
And think again if age is the only thing that bothers you about her, and she really did nice things for you, you should get married to her.
LDon’t worry she won’t file an FIR, if she had to she would have done already. She is just portraying herself as the victim in front of her friends and bf.Next time avoid doing these western countries shit like bringing beers and girls over. Laws here are medieval history as shit.
Don’t act scared in front of the girl or her bf. Be bold and just say do what you can, it will scare them off a bit.
LYou will secure gov job but joining will be only after acquittal. If the organization denies, you can challenge the same in CAT Or HCLThe moment he steps into the PS and blurts the case out the OC will smell money like a hound. He will take money from the boy, register the case against the boy, summon him to PS for counselling, again take money from the boy in name of light charges or NCR Or Closure report. If he doesn’t know the OC he shouldn’t go in there without a lawyer or a person who has experience of handling the police.
