Does consensual sex before promise invalidate later rape claim?
In March 2022, a man met a woman who holds a doctorate in engineering and holds a very prestigious position and age 38. After meeting his parents her behavior started to change, and she started refusing to let my parents stay with me, which caused the relationship to become tense. After 6 months, she filed the FIR, in which she did not specify the exact date and time of RAPE. She stated in the FIR that the rape occurred twice, once in March and again in April, both times she traveled 500 km. She also said that he gave her ring on a specific day, but no proof of that present with her as it never happened. Now even if we consider that promise to marry happened on 24th does that work if she is already with him in same room having consensual relationship before 24th march?
If the relationship was consensual and started before the alleged promise to marry, courts often treat such cases with caution. You should collect all communication records (texts, calls, travel logs) to prove consent. File a petition for quashing the FIR under Section 528 of BNSS if the allegation is clearly false or motivated. For further legal assistance contact us on our helpline number.
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