Rape/Molestation Case Rape/Molestation Case

2 years ago

In year 2015 girl age was 17.5 bf age was 17 Both were in relationship .She called the boy in her home in absence of parents.she kissed him.They never had sex.When parents came to know they said the boy to broke up.Girl dont want to marry boy.Now after 6 year her present bf asked that boy regarding physical relationship.boy thought kissing is also physical relationship.So he replied yes and admitted physical relationship in text message.Now that girl and her present bf want to file rape case against boy on the basis of that text message that he admitted physical relationship when they both were minor.Will boy be granted bail?

Anik

Responded 2 years ago

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A.Dear Client,
Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age." Therefore the said physical act doesn't constitute as rape.

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Anik

Responded 2 years ago

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A.Dear Client,
Admitting having physical relations has created strong evidence against him and granting Bail in cases of Non-Bailable offenses like rape is the discretionary power of the court. So, if they file a complaint hire a good criminal lawyer. You can also file for anticipatory bail if there is a reasonable apprehension of arrest.
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