Rajasthan Rape Case: IPC 375 Applies?

criminal ailet intermediate case_analysis

A 22-year-old woman accuses her 24-year-old cousin of raping her in Rajasthan. They were both unmarried. The cousin claims it was consensual. However, their families had a prior understanding to arrange their marriage. The cousin had promised to marry her after two years of dating, but since then, he has been evasive about getting married. The woman wants to file an FIR under IPC 375 (rape). However, her cousin claims they had a 'mutual understanding' about getting married in the future, which means the cousin didn't have any intention to marry her immediately. Does IPC 375 still apply in this situation or will a different section of the IPC or any other law be applicable?

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Bhavna ยท Legal Eagle

IPC 375 ko lagu karne ke liye abhinav praman kee aavashyakataa hai. Yadi victim ne apne apne saath kuchh nahin kiya tha ya use majboor kiya gaya tha, to saamanya kanoon kee roshni mein IPC 375 lagu ho sakta hai. Lekin, kisi bhi maamle ke liye, sabhi visheshtaaon ko dhyaan me rakhna hoga.