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Vivek Kumar
in Criminal Law
Asked September 17, 2017

Threatened to file a fake rape case

  • 3 Answers
  • 394 Views

My cousin's wife is threatening me that she will file a rape case again my father. And she is saying that since she belows to lower (st/sc) caste Government will not take severe actions against my father. She also threatens me that her sister in law is a Zonal Officer and I or any laywer won't be able to do much. My father never touched this lady (she is like her daughter). My father have only once talked to this lady when they called my father there home for tea, because they live in village and I my father is service man in my city. We don't visit them. My dad is fighting against my cousins and their family because they falsely sold our land and now they are they are threatening me and my mother. that they have gun and they will kill us. Later my cousin's mother came and she started crying and asked us not to file case against them. When we refused even she threatened me and my father that she will file a case claiming that I opened pants of her daughter in law. I was like what. Now, how do I protect myself. The whole village knows the problem between our family. I and my father will always followed by our lawyer relative. But I still fear that something might happen to us. How do I protect us. And do the rape victims and the person accused of rape have to go through medical examination, because if that happens I know, god knows I will be saved. I am like 5 years younger to that lady.

Answers 3

Hi there so your daughter filed something false about her father what you could do is contact a law firm in your district that deals with criminal law and you could file a case of false allegations if you wish and the criminal attorney could take your daughter to court for false statements so you gought a lawyer in that case you could put a peacebond on your daughter for the false report made by your daughter or give her a warning to not file anything false anymore thanks for adding your question to lawfarm.in have a great day 

Agree Comment 0 Agrees over 3 years ago

For an offence like rape the Police often conduct a very strict investigation but that does not mean that your father will be accused just on the word of a particular person. The charge will be place only if an evidence or witness is available to substantiate the claim. I would suggest that you should ensure that there is some form of recording or documentation of the threat made by the lady so that you can put it up before the investigating authority to help them. It is only when the investigation is over that you will be in a posititon to file a suit for malicious prosecution against her if the charge could not be established. 

Agree Comment 0 Agrees over 3 years ago

Hi,

Once the case is registered against you then it is more difficult for men as men have to go under very strict investigation but that does not mean defence is not available to us. in this case it would advisable to be more cautious about your acts and secondly it would be advisable to collect more and more evidence of your conduct as well her conduct that shows the character of both of you. Now further the way to collect the evidence would be the eyewitnesses which would be most helpful, recordings, documents which will prove the character of the lady as well as the false threat made by the lady. It is only when the investigation is over that you will be in a position to file a suit for malicious prosecution against her if the charge could not be established.

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

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