Incomplete fir
anonymous
(Querist) 18 September 2013
This query is : Resolved
I have been a victim of exploitation for 4 years of cohabitation, during which i had to undergo violence, sexual assault, 3 forced abortions, money extortion, threatening and blackmailing using my nude pictures. I complained in the local police station on 10th of Sep about the same but the FIR that they gave me has only 420, 417 and IPC 34 sections. I wanted 313, 376 and 506 as well as per the suggestion of a lawyer. On asking the same first they dragged the matter and then said that since the FIR is already registered, they cannot add anything.(though even today if i check online with the FIR no, it says not registered). Later on forcing they asked me to get my medical certificates for 313 which i got and gave them a copy on 12th of Sep. Then they said that they will add a memo with 313 and 506 but till date its not done. They are not at all ready to put 376 as they are saying that i was cohibating with the boy at my own will. Though the fact is that my will was thre only in the starting and later it was just due to his blackmail. He has sexually assaulted me many times including the last instance which was not even a month back. What shall i do to get these sections charged against him.
V R SHROFF
(Expert) 18 September 2013
Intentional immoral relationship for whatever consideration, for 4 years and outside wedlock +3 abortions cannot be tolerated by Society. Both should be punished.
Only God knows who exploit whom???
But certainly it is need for both from the beginning, that continued for 4 years.
Once expectation and demand of one party exceed the initial agreement , it becomes RAPE.
As far as one party fulfils the demand of another, it is LOVE.
WHY SLEEP TOGETHER YEAR AFTER YEAR AND ABORT CHILDREN , IF NOT MARRIED???
A SINFUL ACT , ANTI SOCIAL ELEMENTS, ENCOURAGED FOR LUST, GREED & SEX.
I CONDEMN THIS ACT.
It is illegal, immoral and cannot be supported.
Both should be punished, as both together committed crime, for their selfish dirty physical requirement, and is shameful , against a respectable Society.
Ladies are misusing the Laws at their convenience..Majority of such complains proved to be false by Court.
No prudent man can believe, a force for 4 years..
Even married wife can seek Divorce within few months!!Who stop you breaking relation within few months??????????
Why both should not be punished for anti social activity that can ruin the Society at large>>
Why a scheme of Registration of all Sexual Relationship with their photo, Address Identification be not implemented to STOP Such FALSE claim later on, becomes THE VICTIM: MAN OR WOMAN
Any SEXUAL RELATIONSHIP be compulsorily registered by ANY ONE/ both the party.
need License for Prostitution, Why not for this??
why hide fact from Society for years. ??
If marriage Registration is compulsory, why not this half marriage, that IS MORE DANGEROUS AND creating more trouble than full marriage??
Why both should not be punished for anti social, IMMORAL, sinful activity that ruin the Society at large>>
prabhakar singh
(Expert) 18 September 2013
Your anonymity is enough to refuse you answer.
V R SHROFF
(Expert) 18 September 2013
In Camera Expected , as private- confidential-embarrassing Query.
Anonymous in this particular case is justified.[Allowed Exceptions ]
Dr. Jyothi Vishwanath
(Expert) 18 September 2013
Totally agreed with the opinions of Shroff jii. Nothing prohibited the woman to walk out of the abusive relationship.
Now you may add any number of sections but it will have more bad impact on you.
TO begin with all was very lovely. Later now when he became abusive, still you continued with him for years. NOw you want to file cases. Rape case will not be made out against him. It will fall to the ground in the court. Physical harm, extortion, threatening, sexual assault, criminal intimidation have to be proved in the court.
P. Venu
(Expert) 18 September 2013
There is nothing unlawful in a man and woman, if they are adults, staying together or rather cohabiting. If anything turns sour or tortuous, the remedy lies in a civil action. Please do not overburden the criminal justice system, police included.
Dr. Jyothi Vishwanath
(Expert) 18 September 2013
I really wonder what civil remedy the lady can have in this case. She wants to punish him rather than get damages from him...There was no contract between the parties for peaceful cohabitation in violation of which
she will have civil remedy...
P. Venu
(Expert) 18 September 2013
An action in tort is possible even in the absence of a contract.
Criminal cases, most often, end in acquittal with the complainant herself turning hostile in the witness box.
Dr. Jyothi Vishwanath
(Expert) 18 September 2013
Even tortious liability does not arise. It is not even a case of contract or breach of contract. The lady can maximum have the remedies available under the domestic violence act if she is able to prove that she stayed with him...
Criminal remedies too very little. Rape offence not even made out.
