need urgent suggestion

 Agreed that she has been cheated on many counts. That itself cannot bring about conviction and cannot give her relief. Courts work on the touchstone of proof, evidence and witness and it is doubtful in your case if you can prove anything now.  SC has only recently held that a rape victim can lodge a complaint not immediately but later. But certainly not after months and years and after having a live-in relationship. 

Hi, U need 2 file criminal case urgently under Sec. 376 & 406 of I.P.C immediatly at ur nearest police stn because the facts mentioned by u clearly constitute the offence under aforesaid sections and there are also several case law to that effect. 

 Filing cases is very easy. What happens thereafter is anybody's guess.

I was strong that this case falls under IPC 376 also but  Mainsh is the only one who agrees. But now that 90% people have said no for this, it looks like chances even in court to win in IPC 376 will be 90%. Our lawyer is also suggesting that we should file in DV . though it is not sufficient punishment for him but IPC 376 filing will create lot of harassment for the girl also and if chances are less then it doesnt look good idea.  

Beside we also have a question that for filing DV case do we need to submit original documents of evidence while filing? Cant we submit xerox and originals later?

And last but not the least Thank very much to all of you for replying to this post. And request to watch this post for few more days so that we can gain more knowledge on what next step can be taken during the course of time.

Thank you

 Wish you good luck in your endeavour.

Hello ,

   We have filed the case for DV and when summons was sent to the guys's house it was told he is not at home and will be back in 2 -3 days.

 You are talking of summons. Even warrants are not executed. You are living in India, don't you? Therefore, you hardly need any intelligence to know why. In fact, the summonee is offered the favour of returning the summons/warrants for a consideration. That is normal and nobody should exercised over it.

I am told that now-a-days, summons can be served by authorised courier or by registered post A.D. at the last known address. There is also a provision, if I am not mistaken, about pasting it outside his door and publishing it in the local widely read newspaper. Check out.

Respondent has appeared in court for summons and object filing date is next week.

P.S. I am writing the current status of the case so that if we are making any mistakes i can get an expert advice.

Thank you

 If the respondent has appeared in court, now court takes over. You can't do anything more now. Time and money are against you and nothing but interminable wait.

file habeus corpus before high court and seek  redressal which will depend upon the evidence you can exihibit in the corpus proceedings.medical report for rape and s.354 ipc.

 Both the complainant and respondent can spend their hard earned money on harassing each other. 

The victim can't wake up after years to file cases of rape and DV.  Filing a case is quite different. When leading evidence, you will come up against the wall to prove it. Revenge is a sweet word. To put it in action is a quite different proposition.

Posting with comments:

A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. 

Hello Anil Sir,

    we are quite hopeful about fighting for some sort of justice from court but your words are really discouraging :(

Regarding filing of case under rape or DV after so many years :

--this case falls under rape not because of phsically forcing for physical relationship but cheating a girl after promising marriage so ofcourse it wil take years to know you got cheated

--the domestic violence has kept happening til last year and teh girl was hit badly this year on which she decided to fight for justice. No girl wil go to court the very first time she is hit by spouse/male member.

best regards

Hello Vivek,

   I did not understand waht are you trying to suggest here. Are you saying taht while the case is running in lower courts we should file habeas corpus in high court?

 I have no intention of hurting anybody's feelings. Please proceed as advised by lawyers.