I am not sure. The news laws are scaring.
1) Police is bound by new to register FIR ,
2) Then also bound to get boy/man and girl/woman medical examined.
3) Doctor will find evidence of sex.
4) Police will say his job is over. Case will go to court.
5) Man’s lawyer will say, she was a prostitute and it was consensual sex. But how will he prove this? From where he will get evidence?
6) Meanwhile, if man is Government servant, he may be suspended for being in jail for more than 24 hours.
7) If, man is a reputed person with family, his and his family and children’s social reputation will be destroyed. If boy is in marriageable age, his chances of getting married in good family will be ruined.
8) Lawyers and Judges may try to help him, but how can they if man/boy fails to bring any evidence of consent or any evidence of extortion or any evidence that girl/woman was a prostitution? Courts have decide as per law and as per evidence.
9) In meantime, media will take side of girl/woman, as that is more likely to increase TRP and Viewership.
10) Police may become more corrupt.
11) And, we can do nothing but to watch the operations of laws, destroying fibers of a healthy and progressive society. We live in dark age.
12) I can do nothing but to blog and tweet.
13) May be I am too anxious about misuse of laws. May be I should relax and should try to find humor in the new laws. 😦
Haresh Raichura
27/3/13
Category Archives: Rape
Dangers of Live-in-Relationship which can turn into a Rape Case. Road Better to travel less.
StandardSupreme Court has held that consensual sex between to adult can not be an offense under present law.
The young generation started thinking that it is green signal for live in relationship and they need not marry and can walk out anytime. This may not be correct impression.
I have seen three cases of live in relations. In two wife file case of Rape in addition to other cases.
Because, in some cases Supreme Court has held that consent obtained by false promise of marriage, is no consent, and therefore it is rape.
Now see the complications.
Whether it was case of false consent of marriage or not can be decided by court only in trial of rape case.
In the meantime, the only options with husband seems to be 1) Apply for Anticipatory bail, 2) then regular bail or for quashing petition under 482 in HC and under Art 136 in SC if HC refuses to quash complaints, 3) face trial of rape.
The Scene for Husband of a live in relationship seems bad.
Haresh Raichura
22/2/2013