What is Rape and who is rapist according to law.Let's know,I want to share my view about this. Firstly, we understand meaning of rape by law.Section 375 defines rape,--A man is said to commit "rape" who, except in the case hereinafter excepted , has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-
First -- Against her will.
second -- Without her consent.
Thirdly -- With her consent, when her consent has been obtained
by putting her or any person in whom she is
interested in fear of death or of hurt.
Fourthly -- with her consent, when the man knows that he is not
her husband, and that her consent is given because she
believes that he is another man to whom she is or
believes herself to be lawfully married.
Fifthly -- With her consent, when ,at the time of giving such
consent, by reason of unsoundness of mind or
intoxication or the administration by him personally
or through another of any stupefying or unwholesome
substance, she is unable to understand the nature and
consequences of that to which she gives consent.
Sixthly -- with or without her consent, when she is under
sixteen years of age.
Explanation -- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception -- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
My view :--
The word "rape" ,which is derived from the latin term rapio, means "to seize". Thus rape literally means a forcible seizure. It signifies in common terminology, " as the ravishment of a woman without her consent , by force,fear, or fraud" or the carnal knowledge of a woman by force against her will.
But this section is being misutilized by some inferior women.some time some woman try to registered a rape case intensely even they are not raped.what can be motive behind this? Some time for harassment,black mailing,revenge,money or by fear,by force.
Sometime woman registered a rape case against her boy friend,boss,relative and other unknown person. Why rape allegation had to register against lover or a man ,when they were in love and in physical relationship since long time ? Why woman comes after many months,or after years, against her lover,friends,relatives or employer ? It can not be planned ? It can not for revenge?It can not be for money ?can not be in fear? It can not be that she would have been forced for registered a rape case?
It may be also possible that woman can make a plan to trap a man e.g.meet,love,sex,demand or fulfill her dream, but when she could not achieve her motto, then she started black mailing to man or any one.It can be also possible that woman can starts showing her love to whom , who are in her target, and can collect all evidence for register a case knowing that this evidence can be utilize against a man if he does not fulfill her demands.This motto is not possible ? There are many example that men would have been targeted.
Sometime, some women register a case , ( may be fabricated)and sometime,they withdraw registered case, why ?(any secret understanding), Accuse does not want that a rape case should be registered against him so he becomes ready to compromise and fulfill all demands. Fabricated women want only this and they can plan intensely to trap anyone and when they get success in their plan then they start harassment, blackmail, threating that if you will not fulfill my demands , I will registered a rape case against you.I have enough evidence against you.
This section protects women and gives justice , if any one make physical relation with her against her will or by force,by fear.But this law should be not utilize against any innocent person as a weapon for make money.If crime is done then criminal should be punished,but if any allegation seems that it is fabricated then complainant should be punished not only for false allegation,although for mentally torture, harassment and lose of reputation.
Many people take disadvantage of our judicial system. Judgement is given by court, by trial,evidence and witness.However, we manipulated and tried to register a false case with fabricated evidence then during the trial in the court, it can be clear and we will be punished, we should remember it.So we should do all act according to law and we should believe in our judicial system, and we should not destroy anyone life for fulfill of our evil desire.
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