The Court said that if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.

You have not yet been guided well by your lawyer seems

Hi, When the Sexual intercourse taken place with the consent of her, then it was not a rape.

2. Now you have no option contest the case and bring all your facts during her cross examination.

This is a case by fighting you can win the case and get acquittal order.

The transaction and period of stay together can be proved that there is no rape. As you informed that there is no ingredients for the offence of 307 hence no need o worry, fight the case now on merit with the help of lawyer who deals in criminal cases.

Feel free to call

Please note that there are many judgments a which say consensual sex cannot be rape... secondly as you said "also in every month she used to transfer half of the rent to me" if you have bank statements you can easily prove that you did not.confine her and she herself wasis staying with.you

Respected sir...

This is not new fake case in socity there are number of cases of such fake aligation ...Just join the police and court proceedings you will be acquited at last because there is not such fact which are forming part of same tranction thus Don't wry and be confident you will get justice at last...From where did she get abortion report it is not only your libalty the doctor doing so is also liable and punished by court he will denie the same ...Photos are not sufficient to prove your guilt..

Thanku

Do you have whatsapp messages or emails where she stated that she was in good relation with you both mentally and physically. Detailed discussion is necessary

1) it should be your case it was consensual relationship

2) she did not want the child and hence got abortion done

3) you were willing to marry her but she walked out

4) no case of attempt to murder , cheating , rape is made out

You can mention that video was taken with her consent

2) mention that you did not transmit the video nor did you seek to extort money

3) abortion form was filled in by her only

4) there was no force as even after abortion she continued to stay with you

Sad to know this brother. U have suffered for no fault. Make some effort and file a writ or complaint against her as deems suitable as per situation there. Let her feel the heat she has spilled on u.... As far as the case of rape is concerned, do your best to prove her wrong. Give evidence of good times and happy moments. A tortured girl can't be happy. Recent judgements have shown the judicial view to be strict on false complain. Good wishes for your fight

Sir, speaking legally you have a strong case than her. If all your statement is true then you will be discharged of all allegations, of course after a bit if troubles, as the case is strongly tilting to your side.

But you have to help yourself first that's you should first get all documentary proof of all transactions with bank, booking orders through net banking, , photos of your marriage or engagement, documentary proof of her paying half of rent etc. So each and every documentary proof whatever is possible.

So don't worry have patience.

Hello,

You will have to fight the case on merit during the trial with the help of an able lawyer.

During the cross examination prove that the physical relations were established with the consent of the girl and that you had the intention to marry.

There are judgement of various courts saying that this section can not be misused.

Regards

No, you tell to the court that you have never tried to extort money by means of that video.

She has done the abortion herself, and after that also she has lived with you.

You have a strong case, engage a good local lawyer to defend your case.

Regards

Challenge the charge sheet filed by the Police in a petition under section 482vcrpc and seek quashment of the same and a stay on the proceedings. The chances are good that you will get a stay on proceedings, because this on the face of it seems to be a false and concocted FIR.

Consensual sex between two consenting adults cannot be labelled as rape. Provided, you have sufficient evidence to demonstrate that she was in a relationship with you voluntarily, as per own wishes and free consent.

See, there is no need to show the photo of your intimate moments, it will definitely put negative impression on you.

On the other hand, now the burden of proof is upon you and your counsel to prove that abortion was got done with the consent of both the partners.

You's was sex, Not RAPE

Just contest the matter boldly and wait for acquittal.

Hire good criminal lawyer.

Living relationship is valid and you can submit all evidence like photos and other documents in court. You can also find evidence according to abortion report but it is illegally by court but doctors can help you for giving any evidence like abortion that you are not involved in taking this abortion decision.

Please not if she states That you forced her to abort then she will be sought explanation why she did not resist then....

First of all both you were living in livin' relationship, abortion can't be performed without will of women especially when she is educated and know the causes. Better for you is move an application for quashing of FIR before Highcourt with all support legal points. If court find fit for quashing it may be quashed.

Now my mobile has been seized by police. The only document in the charge-sheet I found was the pregnancy abortion report, nothing to support 307 IPC or any other charges. Her parents also has given a false testimony.

Since you have come out on bail you must now concentrate on the grounds to challenge her false claim in the trial proceedings.

This is a clear case revenge

She has gone to the extent of even spoiling your future.

The abortion report itself is a substantial prof that i was a consensual sex between you both and it cannot be a rape.

All other false allegations are to be confronted and defended properly on merits and through cross examination.

I have couple of doubts - 1. Showing the video/photo of our intimate moments - will that cause any issue in the court (like extortion) ?

The intimate photographs are advantageous to your situation to disprove her claim of rape and trying to kill etc.

2. Is there any possibility that the abortion report might put me in any trouble, because she claimed that I forced her into the abortion.

Sh may claim forceful abortion and if that was a rape what made her to accept the abortion process?

This is also a situation favoring your defence, you may discuss with your advocate.

You can cross examine her

2) if videos were taken against her consent why did she send videos to you

3) cross examine her whether she sent any email or messages objecting to videos

Hi

All the facts that you mentioned here are of the time when you and your ex were in a relationship.

Everyone including you police court and ofcourse your ex knows that this is a false case of rape.

But brother court follows the Witnesses and evidences.

Again the same advice hire a good experienced criminal lawyer and contest the matter boldly .

Moreover if you want you can file for FIR quash in High Court with all the proofs and Witnesses you have in your favour. There is delay in FIR in matter, no instant medical report of forced sex. If we extremely think of wrong then this can be only the case of breach of trust. But consequences have been falsely created against you and have to be dealt bravely.

Thank You

These acts will be useful for you to prove your bonafide.

Thanks

You have done a blunder mistake of submitting the videos to the police by yourself.

This mat gio agaisnt you.

You could have easily denied the incidences during trial proceedings.

Now you stand accused.

Well even now you can state before court that the police pressurised you to accept the videos what they have created to be that of your intimacy with her.

You have to do something to come out of this or compromise with the lady on negotiation so that you can avoid further problems on this trouble.

Dear friend,

Whatever she had said in her statement that will never turn the reality of case. She has to state the case in her favor and that much is expected from her. You should have to wait for the the trial to proceed and then court will provide both the parties sufficient opportunity to their case respectively. What I mean is that, her statement in court will not result in judgement of the court. As a matter of trial she will be examined & you will get an opportunity to cross examine her & all her witnesses through your council.

So you need not worry, you just have patience and let her face the trial. Everything will become Crystal clear.

you should not have given the intimate videos or pics however as it cannot be undone now, try to point the sword towards her. 

it is difficult to advice on these details and therefore advised to engage a good lawyer who can strategies about how to get you out from line of fire.

if you have recording of conversations then those will help you out.

find out who is helping her or supporting her. she may be having some affair and try to put pressure on him or on both if you find any point there.

Good Luck

Gopender