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Kidnapping and sexual assault by a neighbour can i withdraw case
19-May-2023 (In Criminal Law)
Hello sir, I am a 22 years old girl. Around 8 years back a boy from my neighbour kidnapped me and took me to other city where he kept me for about a month. During this time he assaulted me sexually too after which he was caught and jailed immediately with a kidnapping case and my statement was taken as to what all had happened. My advocate(government employed) has since then not been able to resolve the case and says that it takes time. After 8 years I don't see any hope to get justice and want to withdraw the case but advocate says we can't withdraw the case now. I want some help as to what should I do as it's very depressing to relive those horrific days over and over. Can I withdraw my case ?
Since you were sexually abused when you were a minor it is serious offence on the part of the kidnapper. I am unable to understand as to why you want to withdraw the case. It is a GR case and you can not withdraw from the case .It will go in favour of the accused.You don't get depressed .You are a brave girl and you need to help the court in convicting the kidnapper .
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Adv. GK Gupta
Guwahati | 100+ Answers
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Without going through your case record it very difficult for me to advise. However, if you think your case is not going as it should have been then engage an Advocate of your choice and request him to take up your case in place of the government advocate by filing a petition in the same court praying to allow to assist the government advocate( there is provision in law for doing so ). By doing so your advocate will be able to handle your case in place of the govt advocate. Your advocate will know how to ask concent of the govt advocate. And then you will know what's going on and what to do best.
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Adv. Lahul Hussain Hazorica
Jorhat | 25+ Answers
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Why do you want to withdraw the case? I think Police has filed charge sheet in the case and trial is going on. So question of withdrawal by you doesn't arise at this stage in such case. During trial your deposition will be recorded and for this you need not to go time and again to the Court. When you will be summoned, just appear before the Court and adduce your evidence if you want punish the accused.
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Adv. Supratim Deb Purkayastha
Guwahati | 25+ Answers
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