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Hemant (writer)     27 August 2011

Rape and justice

Dear Friends,

I am asking regarding one of my friends who was raped almost 6 years ago. Though police never found the offender. But recently she has come to know the rapist. now she wants to go in the court while her family thinks - after so many years it would be impossible to press charges agaisnt the rapist.

Actually, they have succeeded the aftermath of rape and now are afraid that court proceedure will ruin thier happiness once again as it did before.

Question is - Is it possible to get hold of the rapise on the basisi of victim's statement ?

Help?

 

Thnaks

Bhaskar Varadhast

 



Learning

 4 Replies

pratik (self working)     27 August 2011

as aftermath is gone i don't think.

Adv. Chandrasekhar (Advocate)     27 August 2011

Dear Hemant,

Your information is insufficient.  Still I try to answer your question.

You said the police never found the offender. I assume that six years back rape happened.  She filed the complaint informing the name of the accused (rapist).  Police registered FIR.  They tried to catch the offender.  The offender ran away from the scene.  Traced now by the victim. 

O.K.  Now, my questions are - How much time was taken from the time of offence of rape to filing complaint and registering the FIR.  Whether the police had taken the clothes wore by the victim and bed sheets if any from the crime scene, at the time of offence and sent it for forensic examination?  Whether  the victim was sent for medical examination and the report was duly received by the I.O.?  Whether the victim was presented before the MM and her statement was recorded under Section 164 of Cr.P.C.  If so, she can approach the police where FIR was registered to arrest the accused and bring him before the court?  If she does not get help from police, she can approach the court where FIR was sent at the first instance.

The delay is not caused due to your fault.   Hence, it will not affect the case's verdict.  If the accused ran away from the place, where he ordinarily resided, the court could presume his involvement in the offence.

Regarding social pressures and other things, the victim and her family are the best judges to decide whether to go for prosecution of the accused or not.

Hemant (writer)     29 August 2011

Dear Chandu,

 

Thnaks a lot for your effort, I realy appriciate it. I am uncertain to say YES for your every question, but i think most of the formlaities were taken care of at the time of incident.

Now, I will ive you a few details regarding the matter - 

At the time of rape the girl was in college - got kidnapped and held in a moving car. Due to shock and immense force of the perpetrator later she hadrly recalled any particualr details about the rapist as he was a complete stranger. Though we and police did all the formalities. But police never happened to catch the offender. 

Recently the girl has spotted a man whom she thinks, could be her rapist. (she srongly feels about it). The problme is she wants to take help of police but her family suspects that it would be of any use.

Adv. Chandrasekhar (Advocate)     30 August 2011

A man who picks a girl from the street and rape in a moving car is not a single time offender and is a habitual rapist.  He will do (has done) the same thing with other girls till he is caught.

If she decides to pursue the matter, she has to go to P.S. and contact S.H.O. (I.O. might have been transferred from that P.S.).  He will catch the suspect and after interrogation, if the police will find the vehicle in which offence is occured and if they can connect any relation between the suspect and the vehicle (he might have owned or borrowed from some one, who is known to him), the case goes in positive direction.  In such cases, if the courts satisfy that the victim properly recognized the accused, without corroborative evidence, the accused will be held guilty.  The most important thing is that similar cases might have happend around the same time in that particular city.  If the police can connect those offences with the suspect, it will be further easy process.

Wish you best of luck.


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