Know that Rape is serious. Police bound to register FIR even if complained after delay of a year: 7 Points:

Know that Rape is serious. Police bound to register FIR even if complained after delay of a year or more :

7 Points:

1) Serious Crime never dies. FIRs can be registered any time.

2) Only small crimes have time lines and time limits.

After some years, small crimes can be registered only after court condones delay.

3) In rape cases, woman often lives under fear many months after crime takes place on her body. She may be afraid of social publicity, defamation, mental trauma etc..

4) So if FIR or complaint is filed after long delay, all she need to do is to explain why the delay took place.

5) Even if she cannot explain delay, it does not mean that trial will not take place. Trial will take place and judge has to check all available evidence including statement of girl on oath.

6) Rape is not compoundable.

The case cannot be compromised by consent of victim.

7) Presently, scientific evidence in rape trials are not of desired standard.

But gradually, evidence regarding DNA, finding of sperm on clothes, injuries on body, email trails, sms exchanges, call records etc should be given more importance.

Haresh Raichura
21/07/2015

If Allegation of Rape is found false, the married man's wife and children can sue woman for damages

This is also known as liability under law of torts.

If a woman has filed false case of rape on any married man, and if allegation are proved FALSE by court, the wife and children as well as married man can sue the woman for damages.

The Key is, simple acquittal from Rape charge is not enough. Sometimes accused is acquitted for want of evidences.

This is not enough. To give liability in tort, the judgement must give a finding by Judge that the allegations were filed falsely for some wrong motives.


Copyright : Haresh Raichura 2015 All Rights Reserved

Know about Two Types of Contempt of Courts 1) Order specific & 2) By slander of judge or court (Only by permission of AG or Judge)

1) Order Specific Contempt of Court, means there was a specific order of court "To do something" or "To not do something."

When someone disobeys or refuses to obey order, contempt of court happens.

2) When some one brings any Judge in to dispute, by writing, speaking, or publishing which will lower image of judge in public, it is second type of contempt.

Here, either a) Judge or b) Higher court can issue notice of contempt. If anybody else wants to file contempt on basis of such material, it is not easy.

He has to First Apply by filing an Application for permission to Attorney General or Advocate General. If such permission is given, then only contempt petition is maintainable.

Haresh Raichura