Legal Advice

My brother’s wife has made false allegations of attempt to rape

Question: My brother's wife has made false allegations of attempt to rape, dowry demands, and physical assault against me, my mother, and my brother. I need help.

Advise

Your brother’s wife has made allegations of attempt to rape, is not a superficial matter. It has gravity because statement of victim is sufficient for lodging FIR. No need to adduce detail evidence of attempt to rape at the initiate stage. Therefore, the contents of FIR prima facies seem true and empowers the police to investigate the alleged crime.

How can you assert that the allegations made in the First Information Report (FIR) are false and baseless? If you possess evidence refuting these allegations,, you should consider approaching the high court under Article 226 to seek the quashing of the FIR.

Quashing the FIR is not feasible unless you can provide evidence demonstrating that, prima facie, no offence is made out against the accused. During the quashing process, the high court does not appreciate the evidence in depth. 

Since the collection of evidence falls under the purview of the investigation. Therefore, the high court cannot halt the investigation unless you possess compelling evidence indicating that the allegations are false and investigation is unwarranted. If you have been absent at the place of occurrence, you can take a plea of alibi to establish that you were elsewhere at the alleged date and time. Your physical absence at the place of the incident prima facie suggests that the allegations are unfounded.

The offense of attempt to rape, as outlined in the Indian Penal Code (IPC), is regulated by Section 376 in conjunction with Section 511. Several key elements typically define an attempt to commit rape under the IPC.

Firstly, there must be a clear intention on the part of the accused to commit the offense of rape. This intention forms a foundational aspect of the offense. Subsequently, the accused must engage in a direct act that leads towards the commission of rape. These acts could manifest as physical actions or gestures indicating an imminent sexual assault.

Additionally, the act must be in close proximity to the completion of rape, signifying a step that brings the offense closer to fruition. The absence of the victim’s consent is a critical element, and any attempt to engage in sexual activity without such consent can be construed as an attempt to rape.

Furthermore, the accused must exhibit a criminal intent to commit the offense, and mere preparation is deemed insufficient. A significant step towards the actual commission of rape must be evident for the offense of attempt to rape under the IPC.

Shivendra Pratap Singh

Advocate

High Court Lucknow