R a p e
Madansingh Shekhaawat
(Querist) 22 June 2016
This query is : Resolved
Before 11 years, my friend was staying in Vashi- Navi Mumbai, India before permanently shifting to Canada. According to him when he was residing in India, his immediate neighbor had raped his minor daughter, who is now an adult, for over two years. This matter would have been suspense had my friend not noticed his daughter in depression, turmoil and not coming out of home and mingle with others. In fact, after much persuasion by parents, relatives and friends, the girl disclosed that neighbor uncle had raped her and was sexually abusing her, since she was in class IV for continues two years when she was in India. In addition, girl said she did not disclose it then because neighbor uncle had threatened her to kill her and parents if disclosed with anyone.
Now, after revealing such heinous crime my friend contacted and requested to guide him lodging police complaint in India. Now after 11 years of incident my friend wants an action, are there any ways to prove the rape incident and get his previous neighbor convicted or punished?
Sudhir Kumar, Advocate
(Expert) 23 June 2016
technically possible. but how the crime will be proved when victim is now in Canada.
Madansingh Shekhaawat
(Querist) 23 June 2016
Victim and her parents are ready to come India for lodging the complaint.
Advocate Kappil Cchandna
(Expert) 23 June 2016
Sir,
They can file and I believe with the help of medical opinions they can get the same done.
Warm Regards
Kapil Chandna Advocate
9899011450
Madansingh Shekhaawat
(Querist) 23 June 2016
They already have taken the medical opinion from canada doctors, which confirms that girl had been sexually molested.
Rajendra K Goyal
(Expert) 23 June 2016
Complaint can be filed, no surety for punishment to accused after such a long time.
Guest
(Expert) 23 June 2016
After such a long period of 11 years, Your efforts are likely to go futile resulting in to waste of time and money. In fact the present need is to make her psychologocally ready to face the future world with due caution, full determination and self confidence.
P. Venu
(Expert) 23 June 2016
Yes, a complaint could be lodged; but, on the basis of the facts disclosed,proving the charges and conviction is well nigh impossible
Sudhir Kumar, Advocate
(Expert) 23 June 2016
"Victim and her parents are ready to come India for lodging the complaint."
For how many years do you think they are ready to stay in India?
Sudhir Kumar, Advocate
(Expert) 23 June 2016
"They already have taken the medical opinion from canada doctors, which confirms that girl had been sexually molested. "
How many times do you think that the Canadian doctors be willing to come to India for how many days?
They have to be available to convince the police IO who may be just matriculate ASI having joined as constable. They have to be available as per his sweet convenience. He may not be knowing English at all.
Thereafter they have to come to India for evidence may be repeatedly if the case may be adjourned.
How does this report prove that the molestation was by Mr "X" at "Y" place and at "Z" times.
malipeddi jaggarao
(Expert) 23 June 2016
Though the victim and her parents has got every right to lodge a complaint, it will be an herculean effort to prove the rape. The chances of failure to prove the case are bright rather than chances of success. They have to decide whether at this stage, it is worth or not. Nobody can say not file the complaint as it is their right. Subjecting the victim again for psychological depression by making complaint at this stage and pursuing it, may turn to be a futile effort.
advocatepassy@gmail.com 971794
(Expert) 23 June 2016
You try to forget this act as an aberration. Even if you lodge a complaint, nothing beyond that will move. Let's move on with the life. Give your daughter all the love and affection so that she too forget the vivid memories
Devajyoti Barman
(Expert) 23 June 2016
The case surely has merit and I would strongly recommend to initiate the case.
Guest
(Expert) 23 June 2016
There is small instinct in this matter of mine. May be you can laugh that this person is doing prediction without iota of truth.
And it seems you are writer & editor etc. and victim and parent you contact is in Canada.
That man may be doing same thing even now with some one . Try to search that person next victim and frame him in his latest crime.
Generally person who does crime have typical tendency they don't do crime out of their comfort zone.
I would suggest you may forward to that Canadian parents suggestion whether we should try for his latest victim search if you get you can save another girl child and case can be very strong.
If that person is enjoying doing this to minor girl then he will continue to do even now probability is very high. So minor girls around that person should be checked and taken in confidence and then moved.
My one friend has completed P.hd. in Criminal Psychology , She may be helpful I can not guarantee but if professional help of hers is taken then taking that person psychological angle (Accused) may be we can get latest victim which can be from his own house too or relative. Please note while typing about my friend I never discussed with her it was random thought.
But almost sure that person may be targeting some other minor girl too , tendency of person don't change soon
Madansingh Shekhaawat
(Querist) 24 June 2016
Thank you very much for the prompt reply. Your responses to my query were encouraging. Thank you for taking the time to point out both the positive and negative sides.
EXPERT: P. S. DHINGRA: sssfi2016@gmail
Posted about 17 hours ago
After such a long period of 11 years, your efforts are likely to go futile resulting in to waste of time and money. In fact, the present need is to make her psychologically ready to face the future world with due caution, full determination and self-confidence.
– I already have advised her father and my friend as you have said. However, her father is very much disturbed and wants to teach the culprit a very good lesson.
EXPERT: SUDHIR KUMAR
Posted about 14 hours ago
"Victim and her parents are ready coming to India for lodging the complaint."
For how many years do you think they are ready to stay in India?
– They can come only for registering the complaint and girls statement.
EXPERT: MALIPEDDI JAGGARAO
Posted about 12 hours ago
Click to Talk
Though the victim and her parents have every right to lodge a complaint, it will be a herculean effort to prove the rape. The chances of failure to prove the case are bright rather than chances of success. They have to decide whether at this stage, it is worth or not. Nobody can say not file the complaint as it is his or her right. Subjecting the victim again for psychological depression by making complaint at this stage and pursuing it may turn to be a futile effort.
– Very well said sir; however, girl’s father wants to introduce a pain that he gave to his daughter and family.
EXPERT: ADVOCATE VINOD PASSY NEW DELHI
Posted about 12 hours ago
You try to forget this act as an aberration. Even if you lodge a complaint, nothing beyond that will move. Let us move on with the life. Give your daughter all the love and affection so that she too forgets the vivid memories.
– But the revelation is haunting continuously on father’s head.
EXPERT: DEVAJYOTI BARMAN
Posted about 12 hours ago
Click to Talk
The case surely has merit and I would strongly recommend initiating the case.
– I would appreciate if you can advice us how to initiate.
EXPERT: MADHU
Posted about 11 hours ago
There is small instinct in this matter of mine. May be you can laugh that this person is doing prediction without iota of truth.
And it seems you are writer & editor etc. and victim and parent you contact is in Canada.
That man may be doing same thing even now with some one. Try to search that person next victim and frame him in his latest crime.
Generally person who does crime have typical tendency they do not do crime out of their comfort zone.
I would suggest you might forward to that Canadian parents suggestion whether we should try for his latest victim search if you get you can save another girl child and case can be very strong.
If that person is enjoying doing this to minor girl then he will continue to do even now probability is very high. So minor girls around that person should be checked and taken in confidence and then moved.
My one friend has completed P.hd. in Criminal Psychology , She may be helpful I can not guarantee but if professional help of hers is taken then taking that person psychological angle (Accused) may be we can get latest victim which can be from his own house too or relative. Please note while typing about my friend I never discussed with her it was random thought.
But almost sure that person may be targeting some other minor girl too , tendency of person don't change soon
– Good suggestions however, are these suggestions practically possible Madhujee? Actually, I will like to have an opinion from your friend if you can provide me her/his mobile phone number with her/his permission.
Please read the below few messages received from my friend,
1) I have lost my sleep. This thing happened to me and my poor daughter is in turmoil and depression.
2) Madanbhai I am counting on you and my family and my daughter are very thankful to you for offering to help. Do you think I am worrying about expenses
3) Would you worry about expenses in my situation?
4) What i am going through hell. I am not able to face my daughter, she is not able to face me, and I am seeing on this dog's facebook profile... “I am friendly and simple person, always looking for good FRIENDS. My family and my friends is my life. Enjoys every movement of my life. Jai H I N D!!”
Actually, my friend is very much depressed and wants to instil a fear in culprits mind at anyhow because the person who was supposed to be able to trust as neighbour, who was supposed to keep society’s girls safe, raped his daughter.
Even in my opinion, the effects on people’s lives, the anguish at the distress caused by such heinous crimes, are unimaginable and incalculable. Alleged person’s conduct, behaviour, was totally and utterly abhorrent and depraved. Such domineering, controlling, deviant and depraved and predatory paedophiles must be in prison, and only be released until they is no longer a threat to society.
Sudhir Kumar, Advocate
(Expert) 24 June 2016
you posted
EXPERT: SUDHIR KUMAR
Posted about 14 hours ago
"Victim and her parents are ready coming to India for lodging the complaint."
For how many years do you think they are ready to stay in India?
– They can come only for registering the complaint and girls statement.
DO YOU REALLY THINK THAT THIS MUCH IS SUFFICIENT. DO YOU REALLY BELIEVE THAT GIVING STATEMENT IN COURT IS REALLY SO EASY.
You have to give statement to the police and prevail upon them to act and if they refuse to act then get court directions to the Police.
Then convince the police that there is a prima facie case to send the complainant for medical examination.
If on medical examination they are prima-facie convinced that there arrest the person and then after a lot of period they will file chargesheet in court.
then the court will summon the complainant for evidence and do not think that this case be possible in a singular visit?
Sudhir Kumar, Advocate
(Expert) 24 June 2016
you said
EXPERT: P. S. DHINGRA: sssfi2016@gmail
Posted about 17 hours ago
After such a long period of 11 years, your efforts are likely to go futile resulting in to waste of time and money. In fact, the present need is to make her psychologically ready to face the future world with due caution, full determination and self-confidence.
– I already have advised her father and my friend as you have said. However, her father is very much disturbed and wants to teach the culprit a very good lesson.
YOUR FRIEND WANTS TO TEACH A LESSON TO THAT MAN OR WANTS TO BE HIMSELF TAUGHT A LESSON.
Please try to understand What Mr Dhingra has said and why he has said so.
Sudhir Kumar, Advocate
(Expert) 24 June 2016
you said
EXPERT: ADVOCATE VINOD PASSY NEW DELHI
Posted about 12 hours ago
You try to forget this act as an aberration. Even if you lodge a complaint, nothing beyond that will move. Let us move on with the life. Give your daughter all the love and affection so that she too forgets the vivid memories.
– But the revelation is haunting continuously on father’s head.
DO YOU REALLY THINK THAT THE HAUNTING WILL WIPE OUT BY SPENDING ENTIRE LIFE EARNING ON A FUTILE CASE.
Please try to understand What Mr Passy has said and why he has said so.
Sudhir Kumar, Advocate
(Expert) 24 June 2016
EXPERT: MALIPEDDI JAGGARAO
Posted about 12 hours ago
Click to Talk
Though the victim and her parents have every right to lodge a complaint, it will be a herculean effort to prove the rape. The chances of failure to prove the case are bright rather than chances of success. They have to decide whether at this stage, it is worth or not. Nobody can say not file the complaint as it is his or her right. Subjecting the victim again for psychological depression by making complaint at this stage and pursuing it may turn to be a futile effort.
– Very well said sir; however, girl’s father wants to introduce a pain that he gave to his daughter and family.
IS HE INTERESTED IN GIVING PAIN TO THE OFFENDER OR HE IS INTERESTED IN GETTING MORE PAIN?
Please try to understand What Mr Jaggarao has said and why he has said so.
Sudhir Kumar, Advocate
(Expert) 24 June 2016
EXPERT: DEVAJYOTI BARMAN
Posted about 12 hours ago
Click to Talk
The case surely has merit and I would strongly recommend initiating the case.
– I would appreciate if you can advice us how to initiate.
IS THE FAMILY READY TO :-
either
pack up and come to India.
or
keep visiting India month bi-monthly/monthly basis.
and they want to file the case knowing it to be futile.
If ready then come to India. visit the thana where crime took place and talk to the SHO.
or
get phone no of the SHO from net and talk to him while sitting in Canada.
mahavir singh
(Expert) 24 June 2016
This case can be easily registered give written complaint to SHO or u can mail him. And record statement under section 164crpc. The culprit will be arrested immediately no problems at all u can avail video conferencing facilities in court for your evidence.
