366/497/376
B Pradhan Singha
(Querist) 06 September 2012
This query is : Resolved
Dear Sir,
please let me know that
1) can a husband(complement)have right to ask medical examination of her abducted wife after recovered by police.
2) If husband take wife's custody after recovery, and spend one night together, than is it relevant to test her medically for the purpose of the his complaint u/s 366/497(by husband) and 376(by wife).
3) If medical exm not done immediately after recovery, then can he/she claim illicit intercourse/rape against the abductor?
4) Without medical, can a complain of rape(made by women) may acceptable/proceeds?
5) Is there any time limitation for making of FIR u/s 376IPC?
Please reply.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
this appears to be a case of negligence/connivance of police.
B Pradhan Singha
(Querist) 06 September 2012
Sir, I couldn't understand your reply, please clarify easily.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Police normally has to conduct medical examination if rape is alleged by rescued woman. They have not done so. Either there may be negligence/connivance or the lady may not have complained at all.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-
http://www.lawyersclubindia.com/experts/366-497-376-336576.asp
http://www.lawyersclubindia.com/experts/police-protection-336526.asp
http://www.lawyersclubindia.com/experts/164-CRpc-335121.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-335061.asp
http://www.lawyersclubindia.com/experts/URGENT-366-365-497-506-IPC-325251.asp
http://www.lawyersclubindia.com/experts/164-CRpc-322991.asp
http://www.lawyersclubindia.com/experts/RTI-Act-321936.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-321916.asp
http://www.lawyersclubindia.com/experts/is-2nd-marriage-legal-if-first-marriage-is-under-special-marriage-act-296866.asp
You are advised to put all queries on one thread instead of getting confused.
Facts shown in these threads indicate the you are on good legal footing.
B Pradhan Singha
(Querist) 06 September 2012
Actually, after rescued she admit that she was taken away from her husband and give her a marriage without her consent and the said alleged husband also having the knowledge of her 1st marriage compelled her to stay with him as his wife and to cohabit with him.
So, i think her statement support the complaint U/S 366 IPC, but police doesn't advice to medical as she didn't claim rape.
but there is a illicit intercourse.
So, can her husband ask/appeal for medical?
Is there any difference between rape and illicit intercourse?
Is victim's statement it sufficient to prove 366,365,376 IPC.
please reply.
PARTHA P BORBORA
(Expert) 06 September 2012
in my opinion its too late to conduct medical examinatio of the victim but her statement is sufficient to register a case under section 376 of IPC.
Nadeem Qureshi
(Expert) 08 September 2012
yes,
if the husband want to file a criminal case under section 376 of IPC and wife said that she is victim of rape, he can file an application for medical before the Honorable court.
Feel free to call
Sudhir Kumar, Advocate
(Expert) 08 September 2012
Moreover there was an illegal marriage which lead to her pregnanacy. The allegation of rape sustains if the woman is believed to have been married or forced to have been married to the accused. All those who helped the 2nd husband in that (whole family of wife and 2nd husband) will be abettor. Even the Maulana/Pandit who conducted the marriage (if aware of already subsisting marrige) is also liable.
You said in on thread that second husband is Govt employee. He is liable for Disciplinary action and as a matter of Govt policy such employees are thrown out.
