sanjaykale 14 April 2015

Ipc 377 addition into chargesheet

My daughter has gone through horrible Mental, Sexual, harassement done by her husband and in laws. She has filled FIR with IPC 498 on 31 Jan 2015. But due to male Investigation Officer, She could not give statement about s*xual harasement. On written request, at least police has taken her statement. according to statement, The IPC 377 can be charged on Husband. but due malpractice with police department, IO and his senior disagree with it and denied to charge him IPC 377. I have met all his senior authorities, personally he agrees and ordered them but after meeting with Criminals Advocate, every thing remain same. Now the chargesheet has been filed in court The first hearing date is 18 June 2015. what to do? How to pressurized Police department for suplementry chargesheet. or whether I can contest in court on 18 June 2015 personally with application to court.

1 Replies

Adv. Chandrasekhar (Advocate) 14 April 2015

You see Sir, why do you insist that Section 498-A has to be clubbed with Section 377 IPC. Section 498-A related to dowry harassment predominantely, the police would not like to add S.377. If the police is still resist such kind of acts, what you have to do is that you engage a lady advocate. Then your daughter shall undergo medical test by a lady doctor to prove S.377 ingredient. Then file a private complaint. After pre-summoning evidence tendered by your daughter, the court will summon the accused. This procedure is easier than banging your head in such callous police stations, where the police themselves believe that physically beating a wife is a birth right of husband and one should not interfere in husband-wife scuffles.