Jurisdiction of molestation victim

hi ,

Sometimes i really regret to be a par of this sick society. See Sunaina you can take following steps to help that poor innocent girl.

1.First of all  take help women society near by you they can help you in a much better way.

2. Now through slp case can directly be in supreme court. so you can do this also.

3. If victim can'nt face trauma of case proccedings of court then you can file a request for camera procceding.

and first of all hire a good lawyer who can help you through it . in case of any further info.

abhi(dot)kumar9law@gmail(dot)com

Bravo!! Abhishek,
Allow me to congratulate you for this insight, it can be seen you are a law intern, despite the fact your awareness and presence in this profession is commendable.
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We cant help but be a part of this society dear, are there any options? We can clone various facts but unable to convert ourselves to monkies, thats where I would love to be...
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I would certainly more help here, I do know you have been kind enough to leave your email, but this may help some other needy character so I would discuss it in the open...
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The points put forth are excellent shall follow...
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Now one point is-
1.Can we directly file a plea to supreme court, to proceed with the case?
2.In that matter we need to send the case across to them for acceptance?
3.OR we need to file a case in the offenders jurisdiction then plea after that to Supreme court?

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Thanks a ton, that camera idea, it would certainly be a BIG help.
Thanks Abhishek...
May 'You' Rise and ShIne...'Bless'

My opinion, none of what you asked and replied above is required;

1. All that has to be done in Punjab where the child who is now a adult person and is ordinarily residing / living there is to take shelter under DV Act, 2005 by being “aggrieved person” and the reference father like figure which you referred in your facts is termed as “relative of her father” as to be now named as “respondent person # 2” and file a Complaint case under S. 12 DV Act, 2005 and various relief’s as in Protection Orders prayed herein are under Section 18, 20 and 22 DV Act, 2005 unless the adult person wants other relief's too. Here "respondent person # 1" is her own biological father but no actual relief are prayed against biological father.

2. Factually SLP / reference to HC or filing in Bengal and then approaching SC for case transfer and blah blah will not see post admission stage for a simple reason due to lacuna in our Law ‘incest is not prohibited by law provided it is not amounting to rape, adultery or some other penal offence reported within limitation further read with 16 years is age of victim child defined in such cases. Ruchi Galhotra’s case has seen discussion on all such lacunas during trial and via media hype.

3. Here under para 1, DV Act, 2005 will squarely fit ‘retrospectively” i.e. incidence paras in the complaint application dating to 11 years past recall of “domestic violence”  read with “sequential medical aid evidences” from a Govt. and or Registered Medical practitioner are enough to “admit” the suggested case locally for issue Notice via State’s Police will be first relief this child now adult person will receive from local Magistrate Court.

4. If you can mention who is this father figure to this child now turned adult person which got mentioned in your facts I can tell you exactly if he can be brought within the definition term of “relative” as broadly defined and further got judicially interpreted and can he be called as ‘relative’ as per wide meaning in the Act, 2005.

5. In-camera trial here means the Court will be vacated of parties not related to the case and media reporting will not be allowed without permission of the Court and name of aggrieved person will be protected as per law and it does not mean the child now turned adult will be sitting at home and a video conference shall takes place so donot be in such confusions if want to invoke Laws. Only thing that will happen in such allowed trials (DV Act, 2005 allows in-camera trial if specific application is put) is that she still has to face the Court physically when her presence is required by a Court i.e. at Interim Protection order stage hearing to reiterate her Statements and later at Evidence stage and rest stages of proceedings her appointed Lawyer can still continue in-camera trial on client behalf.  

I respect your and first replier’s emotions and sentiments but in criminal laws or quasi civil - criminal laws such as suggested DV Act, 2005 application here, it is not required as one looses finding correct application of law during open discussions and relief which can be prayed “retrospectively” as we are talking here of loosely defined incest incidences which happened 11 years ago read with jurisdiction issues!

Dear Tajobsindia, Your response appreciated, I do see an assertive character, 'Thank You' is all I can offer... We just want the jerk to face consequences, legally, no other relief please!! -------------------------------

--- The details you have provided, opens a wide horizon of thoughts and actions...much appreciated!! _----------- under para 1, DV Act, 2005, seems fantastic.

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Father figure-Sisters-Husband.My daughter grew up with them, as grandparents lived nearby, her education was done in that small town, in west bengal.My sister was called 'Ma' by my daughter, and a times called this pervert male -papa.

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I did grasp the gravity of the camera, under no conditions my mind went galloping towards video camera, My thoughts were that perhaps, a camera would be placed in a different room where she is not jammed by people watching her and agravating her condition, which would be perhaps watched n heard in another room where the trial took place.

-----(Your explanation of camera court proceeding, is more than required, Allow me to Thank you here more...)

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My appreciation for Abhishek still remains the same though, this gentleman, posted his views at approx 1.45 am, at a younger stage of life, he took the moment to rise to the occassion and answer a distressed mother thats more than enough for me to feel appreciation towards him, no offense here to anyone please. ----

Thank You Taj-ji....

Sunaina mam thanks alot, i really am glad helping you. And i just wanted to say that iam really at very low stage ryt now but the thing is sometimes i start feeling things which shouldn't have happened ever. And i am here to learn and help i am really glad that i am doing both the things here :) and i really appericiated the guts here to discuss this topic in public and only mother of victim know that she doesn't want any relief only thing she want is a severe punishment to that guity person. And i am suggesting this camera procceding just because that poor soul will not have to face other public than saviour of law judge and party involved. And women ngo thing which i suggested was just a safest way to procced. In case i will always be there at your service 

abhi(dot)kumar9law@gmail(dot)com

Dear Abhishek,

We all rise from the womb of our mother, its a journey.....tehre is nothing low...these are stages of growth...never under-estimate yourself My Dear...

Aapnei jo kiya wo izzat ke layak hai.....so I gave due respect to you....

Yes The Camera Proceeding is a good idea, along the insight Taj-Ji has provided...

I will certainly seek further help right here when required...

Thanks and Hugss

Sunaina...

Good Evening Taj-Ji,

I am still waiting for a response from your Good-Self, Please oblige?

If you can mention who is this father figure to this child now turned adult person which got mentioned in your facts I can tell you exactly if he can be brought within the definition term of “relative” as broadly defined and further got judicially interpreted and can he be called as ‘relative’ as per wide meaning in the Act, 2005

Thank You,

Sunaina

That quote is from my own reply. What you want to know from me now quoting my own quote to me ? {My inbox is empty}

Taj -Ji previously, above, you had said if i could tell you who this realtive is so you would give proper insight so i copied and pasted your quote...

.

You wanted to know who the father figure is, so I answered above who he is to my daughter. My sisters-Husband!!

Please?

Thank You.

I see the information that you gave is my life line to pursue with this pervert...Im so Grateful!!

Taj-Ji aapka inbox is flooding with info (I mean your brains, you perhaps could be saying something else, ha! ha!), Sahab yu lagta hai jaise aapnei, iss clause ko shayad bahut clauses ko barei kareeb se samjha hai, you are picking very fine nuances of this Act....

I wish I was a lawyer, Kitnei lives bacha paatei hai aap sab...

1. YOUR BIL is not "relative" within scope of DV Act in relation to living biological father of your daughter as per trend till date. A precedent has to be created here to include a BIL as relative under DV Act..
Reason being, the word `relative’ brings within its purview a status which must be conferred either by blood or marriage or adoption. In the absence of any statutory definition, the term `relative’ must be assigned  a meaning as is commonly understood. Ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew or niece, grandson or grand-daughter of an individual or the spouse of any person.

2. However DV Act has wonderful drafting errors and if a smart lawyer gives explanation of benevolent provision of Act 2005 then in my opinion a BIL from wife's side can also be 'included' for a reason as one particle of blood line from your husband is gone to your daughter whereas one part of your blood line has also gone to your daughter and simultaneously your mom and pop's one part blood respectively has also gone to make you and your sister – Right / Wrong? Now your sister who has one part of same blood line as you marries a man (whom your daughter referred to at one time as ‘pa’ means 'father socially is it not right or wrong but culturally who he is to your daughter – UNCLE widest definition of word relative is what even SC says as I explained in para 1 Right / Wrong? And the moment this relationship from Sapinda is established for argument before Bench then "naturally" a BIL of wife who is uncle to a daughter also becomes 'relative" as widest definition under this Act, 2005 and another argument before Bench is that; in social setup cannot a Uncle beat blue out of his niece? I mean away from your emotional query this is just a question I asked generic way. The answer is YES a uncle can also beat a child who is not his like the child of yours so will not the mother or father of the child go to police or court against this uncle for some remedy / relief? Same social application is here under DV Act which is why I pushed DV Act in my very first reply where your daughter can seek remedy and since it can be applied retrospectively as no other criminal sections gets applied retrospectively you have a suggested remedy in hand vis-à-vis having no other criminal remedy under any other sections of CrPC / IPC.  

3. BUT, the two hurdles a smart lawyer should remove in local Jurisdiction are;

ONE - A major age (un-married) daughter (aggrieved person) can use DV Act via natural guardian or not?. Natural guardian here are two; you the mother and a living biological father.  Just last to last year in Mumbai HC case of DV a major age un maried daughter was given releif under DV act (towards vocational course education fees from divorced biological father),as Memo of Parties was filed like this > Daughters name C/o Under guardianship then Mothers name who was ex-wife therein the case Vs. ex Husband as respondent 1 and State as respondent 2. The argument hurdle was removed by arguing before the Bench that a female child till remains un-married it is duty of biological father to maintain her as well as provide her security, safety, well being till she is married off. Today your daughter is in mess (medically) so where you seek remedy from (acccused) respondent BIL i.e. under DV Act naturally making Memo of Parties similar to above!

TWO -  Under Hindu Laws there is a prevailing custom called prohibited relationship (Sapinda). I have explained that recently in another reply post (link below) of a queriest who wanted to marry his sisters - husbands - sisters - daughter and everybody told him it is not allowed as per hindu law. Whereas I brought there in that post all necessary Law and provisions and declared that he can jolly well get married as there is no Bar in law. Same way a smart lawyer here should remove second hurdle on a question of Law which may be raised by Bench (Magistrate) "How a BIL can be relative to your daughter (aggrieved person)?" The straight answer is picked from Sapinda relationship, your lawyer should illustrate like this to a Ld. Magistrate - can my grown up daughter suppose if feels in love with my BIL's son be allowed as per Hindu Law legal marriage ? Then Ld. Magistrate will show to your lawyer's face Sapinda relationship provisions and loudly say NO. That is what is called under DV Act 2005 YES which means my daughter's Uncle (this BIL of yours) is a "relative" is he not as per sapinda relationship! So why cannot he be included into wide definition of 'relative' under DV Act to claim relief ebing aggrieved person?

Your prospective lawyer if argues like above will definitely get 'admission' of the DV Complaint case for sure. All he has to do is cross refer before Bench; one U Suvetha Vs. Inspector of Police SC Judgment where SC said what I quoted in para 1 reasoning about 'relative definition in generic way" and two he has to bring Law of Sapinda (ref.: https://www.lawyersclubindia.com/forum/I-am-in-relationship-with-my-brother-in-law-s-jiju-s-niece-73791.asp ) to establish how 'relative' marriage is prohibited and here BIL is for sure relative as per DV Act wide scope.  

Without emotions get above read (vetted) down by your choice of Lawyer as what I actually saying and next time when you communicate with me just use plain query language not emotions as above three subsequent messages are not my cup of tea in a legal discussion portal platform!

Chaliyei No cup of Tea...Flat Thanks Okie? Waqil sahab, appreciate kar rahi hu, appreciation bhi kabool karei...errm!!! The Things You have said above, i will have to really read it well to understand, as I am alone, Just me and mY daughter, it takes time to filter such points... Lijiyei Sukha 'Thanks'...'Sticking my tongue out'...will perhaps come up with more points, when my brains work...dropping dead on the lappy... Good Nite...and psst...Thanksss

Chaliyei No cup of Tea...Flat Thanks Okie? Waqil sahab, appreciate kar rahi hu, appreciation bhi kabool karei...errm!!! The Things You have said above, i will have to really read it well to understand, as I am alone, Just me and mY daughter, it takes time to filter such points... Lijiyei Sukha 'Thanks'...'Sticking my tongue out'...will perhaps come up with more points, when my brains work...dropping dead on the lappy... Good Nite...and psst...Thanksss