Legal Question in Criminal Law in India

on rape

how to prove rape happened when victim is threatened


Asked on 10/16/08, 2:44 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: on rape

the rape victim should immediately be taken to hospital preferably a government hospital and her medical examination should be conducted. this would substantiate her claim that the rape was committed. the police would immediately lodge an f.i.r. after the medical report. as far as threatening is concerned, the threat can also be included in the body of f.i.r. and the f.i.r. would also be registered u/s 506 r/w sec. 376 of i.p.c.

Read more
Answered on 10/16/08, 2:49 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: on rape

by leading medical evidence and oral evidence of victim how she was threatened and how the rape was committed

Read more
Answered on 10/16/08, 3:38 am
Shrichand Nahar S.V.Nahar, Advocate

Re: on rape

Question of proof arise before the Court during trial. At that time, by giving evidence before the court one can prove rape.

Read more
Answered on 10/16/08, 5:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: on rape

Your statement is incomplete. The answer will depend upon the stage - whether FIR has been recorded or not; If yes, the stage of investigation;

If the accused is on bail or he is in jail? The threat is from the accused or someone on his behalf?

Remedies about threat is different than that of proving the charge in court.

The stage of proving comes only after filling of Police report.

The victim is entitled to make her statement in the court; and if the accused is on bail, she should apply for cancellation of his bail on the ground of 'threats' being received.

Read more
Answered on 10/16/08, 6:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: on rape

Your advocate will prove it by medical and other evidence.

Read more
Answered on 10/16/08, 9:00 am


Related Questions & Answers

More Criminal Law questions and answers in India