Advocate SN Suresh Babu

Questions Answered by Advocate SN Suresh Babu

Q: On the promise of marriage, I was raped. What are my legal options ?

I want to file a case against my boyfriend who shared a physical relationship with me on pretext of marriage. Ours was a 3 year old relationship. I was not ready to share a physical relationship with him but he promised me that he will get married to me. I went ahead. We even met each other's parents and the relationship was going good until his parents found a girl for him from whom they are getting dowry. I had always said that neither me nor my parents would engage in any such thing. I still ask him to choose her or me. Now he says that he wants to get married to the other girl. Now I feel cheated and I feel I was raped for all these years on the promise of marriage. I want to file case against him. Please help me, I am undergoing a lot of mental stress. I read somewhere that I need to have it written that he promised to marry me. I do have a note like that.

Advocate SN Suresh Babu answered
Physical relationship on the pretext of marriage is considered as rape.On June 2013, The Honerable High Court Justice R V Eshwar passed the order in this connection saying any physical relation on the pretext of marriage will b considred as rape.You file a complaint immediately against them in your jurisdiction police station which will be under section 376, 420 IPC.

Q: What and how Section 354,506(b) r/w,342,341&323; are applied

Need clarification on above sections..

Advocate SN Suresh Babu answered
354 : Assault or use of criminal force to a woman in an intent to outrage her modesty. ( 2Years Imprisonment )506 : Criminal intimidation. ( 2Years Imprisonment)342 : Wrongful confining any person. ( 1Year Imprisonment )341 : Wrongful restraining any person. ( 1Month Imprisonment )323 : Voluntarily causing hurt. ( 1Year Imprisonment )

Q: Delay in failing a missing case

Dear sir My uncle was a mentally ill patient. His wife left him alone,7 moths ago my father took him to Hyderabad Erragadda mental hospital for the treatment,due some reasons they didn't admitted him in hospital,they just left him alone in General ward and back to town.last week I enquired about my uncle but I didn't found him in hospital and we still not filed any missing case in the Police Station,is my father will have to face any legal consequences? Is he committed any criminal act by abandoning the mentally ill patient?

Advocate SN Suresh Babu answered
In your query you haven't mentioned the proper reasons for the hospital authority not admitting him to the hospital. If you have sought any medical attention to your uncle then the hospital authority is also legally bound to look after him well until he is discharged, and he cannot be discharged without your knowledge since your uncle is not mentally stable.Even today you can lodge a missing complaint in police station stating that you were in search of the missing person and couldn't trace him till date, hence the delay in lodging a complaint.You won't be facing any legal consequences.

Q: Jurisdiction for filing case

I was attacked by a group of 7 members from In-laws family from Hyderabad, beaten hard in a private room in Bangalore on Nov 26, 2016 midnight. Can we file a case against them in Hyderabad with proper evidence? They threatened to kill with scissors, inflammable liquids and bottles, what is the sentence of punishment if it is proved??

Advocate SN Suresh Babu answered
As per the Supreme Court order in State of Andra Pradesh vs Punati Ramulu AIR 1993 SC 2644, the complaint can be lodged any where and after the registration of the FIR the concerned investigation officer should transfer the case to the Jurisdictional Police station.The above case comes under Sec 307 IPC (Attempt to Murder), with minimum imprisonment of 10 years and fine if proved.

Q: Is there any limitation period on criminal case

I was attacked by a group of 7 members from In-laws family, beaten hard in a private room on Nov 26, 2016 midnight. Is there any time limit to file a case? The reason for delay till now is I compromised on family values, but they started threatening again the same. What is the maximum period for delay in filing case.

Advocate SN Suresh Babu answered
There is no maximum period for filing a FIR as such. Any delay in filing the FIR should be satisfactorily explained, where prosecution fails to explain delay in FIR shall be viewed with suspicion. Undue or unreasonable delay is always fatal. It always depends upon the facts and circumstances of the case.Coming to your story, you can still lodge a complaint about the harassment you are facing right now and also should mention the incident which took place on 26th Nov and give reasons (family values) for not registering a complaint before.