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nino anand (student)     21 August 2017

Query for Rape case 375, 376, 354 IPC

Hi There is a girl (Fresh non practicing Advocate). She got raped by Professional working doctor (friend earlier) multiple times. Girl was under depression and trauma during this incidence. She didn't realise about her mental condition but she WhatsApp to her rapist that she is feeling to commit suicide. And she kept chatting and complaining to rapist why he did this to her? He was a married with two kids. This happened when his wife was pregnant and in hometown for delivery. At that time doctor called patient friend to his house for suture removal and raped her and kept calling her pressurising her and said to her out of his sick mindedness that tu merse jitne bhi sawal kar Mai jawab dunga. And he kept repeatedly raped her for some days or months. And kept writing sorry on WhatsApp that - "Mai ek pavitra ladki Ki zindagi barbaad kar raha Hu I remember all my f**king bullsh*t". etc etc. Now its been more then two years to this incidence and girl is under psychiatric treatment and under heavy trauma. The rapist later started pressurizing her for marriage and kept recording her soft conversation but did not record his promise. He even said over call that wo shaadi nahi kar sakta shaadi ek Pavitra Rishta hai in order to record it. Where girl insisting. I want to know what if she files complaint now after a long delay and under her this mental condition what could be the consequences and what worst girl victim can suffer ? Now victim is married but under psychiatric treatment and husband is ready to support in case. Husband married after knowing all the truth about her rape and mental treatment. Will girl suffer if she files case ? Later Rapist told his wife multiple lies by presenting it as an affair and she threatened victim not to file complaint otherwise she (victim) will loose the case and she is a high court lawyer and put her into false cases. And will present all her recordings to society and court. Will girl suffer if she files case ? What could be the consequences ?


Learning

 13 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 August 2017

Sir, 

 

She should file the case and not spare that cheater ..... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/

nino anand (student)     21 August 2017

Will girl suffer if she looses the case ?

moxit (advocate)     21 August 2017

Girl will not suffer any legal problem.. But complaint is required to be drafted properly..

Siddharth Srivastava (Advocate)     21 August 2017

Firstly decide as to whether the girl wants to punish such b*st*rd doctor who misused his position and exploited the life of an innocent girl. If yes, she can lodge police complaint and law will help her. Sidharth 9811776422

nino anand (student)     21 August 2017

Now the victim has one sided view. She can answer if not harassed by police or in court or she should not be under pressure. She is Unable to think or judge opposite side. She forgets while speaking. She many times unable to complete sentence. Will court show any kindness towards her for her cross examination ?

Nitish Banka (lawyer)     21 August 2017

You should draft a complaint with specific rape allegation

By

Advocate Nitish Banka

Lexspeak

nino anand (student)     21 August 2017

Nitish ji specific rape means only rape complaint u mean not others later part like cheating, breach of trust etc....

R Trivedi (advocate.dma@gmail.com)     25 August 2017

What kind of suffering you are talking about if she files the case? As someone suggested proper drafting is key here, you have two main points against you....1. she was insisting on marrying him and 2.she has married someone else.......so the case may go in either direction, I personally want such man to be punished but ease weigh the pros and cons before you knock the legal door, since now she is married too.

Sudhir Kumar, Advocate (Advocate)     31 August 2017

Better meet a lawyer in person

Sudhir Kumar, Advocate (Advocate)     31 August 2017

Better meet a lawyer in person

Raveena Kataria (Advocate )     07 September 2017

If the girl (victim in question) wants to file the rape complaint, I'd advise that she doesn't delay the filing of complaint any further. She'd of course suffer no consequence even if the court is forced to dismiss the case due to lack of proper or more evidence etc. However, I'd suggest for the complainants to get in touch with any local advocate especially once the proceedings have been initiated/chargesheet has been filed. 

Siddharth Srivastava (Advocate)     18 September 2017

Mr. Autohide4u, your advise is neither legal nor justified or morally correct. It is very strange and disgusting to see that people like you are also on this platform. Will you give same advise if any of your family member would be victim of such heinous crime? Pl think twice before giving such rubbish advise. Donot misguide the innocent people who come to this platform in search of solution of their respective problems. I wish that good sense shall prevail upon you.

ninoanand (student)     10 January 2018

Victim after some months of rape sent multiple abusive messages to rapist which he saved. will these abusive messages harm victim during rape trial ?

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