False rape accuser contacting government lawyer

[Ramesh]

Respected Sir,

Background : I was falsely accused of rape and demanded 25 lakhs as an extortion. She is the alleged rape victim. When she her lies were caught by IO in police station after seeing the proofs, she changed her statement to a more general statement via 164 (remarkably less details, dates removed, corrected some lies).

I have below questions sir,

1. The woman has recently contacted a government lawyer. What would the purpose be ? What would be the purpose be ? I am not sure if the charge-sheet is submitted yet.

2. If the charge-sheet is filed, how can I verify it in the court by going there ? To which address will they send the charge-sheet ? as I am not currently residing in the house where she alleges that the incident takes place. Can I request a copy of the charge-sheet in court office ?

3. After the filing of charge-sheet, how much time will be there for my first court appearance ?

4. The police expressed that it would be considered as a live-in relationship and not a rape, after analyzing the proofs. If they say that we were in live-in relationship, can she file any other sections on me, like say Alimony (The IO expressed this to me during investigation) ?

5. If the charge-sheet concludes that its a live-in relationship and to take revenge the woman has filed the case, how important it would be for me ? In my case its not live-in relationship, she pretended to be in love with me, engaged to me and exploited me, but she did not live with me continuously for 3 months. She was a prostitute and she used to come and stay with me for 2-3 days every month, she was staying in other city for her training.

Thanks in Advance
Ramesh

[Dr. Ashok Dhamija]

How can we tell you as to what could be the talk between the Government lawyer and the victim, or what its purpose could be?

If the charge sheet is filed, the police would contact you and ask you to remain present in the court on the date when it is to be considered by the court for taking cognizance. If there is a change in your address, you may intimate the police, if necessary.

Generally, the accused is called to the court after filing of charge sheet, within a few days to a couple of months. If you are really anxious, you may go and enquire in the court.

Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, which defines “domestic relationship” also includes reference to “through a relationship in the nature of marriage“. This may include a live-in relationship, if the relationship is of the above kind. In such a scenario, it may be possible for the woman in the live-in relationship to claim protection under the said Act, including maintenance.

It is not possible for us to reply to the remaining questions which relate to facts of the case, in the absence of having examined full details / papers of your case. Please consult some local lawyer by showing him all the relevant papers.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ramesh]

Sir,

I checked my case status in services.ecourts.gov.in site.

The case status is “Case Disposed”.
Nature of disposal : “Contested — Allowed”

My lawyer that time told me that I need not appear in court till chargesheet is submitted.

Is it possible for the accuser woman to contest the case state and change it to make me attend court every month ?

Thanks in Advance
Ramesh

[Author]

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