Pls provide me a legal advice in the below mentioned details.

957 votes

I’m sorry you are going through this. The fact that the accused is claiming a consensual relationship or has obtained interim relief does not automatically end your case. We can examine the FIR, court orders, medical/forensic record, call/chat records, and the circumstances in which your phone was reset. The threats made afterward are also important and should be properly documented and reported. Please share the FIR and the latest interim-relief order so I can advise you regarding the appropriate legal remedy, including opposing/cancelling the relief and protecting you from further threats.

Advocate Anmol Sharma LawRato

859 votes

The accused allegedly induced the complainant by giving a false promise of employment, which influenced her consent to the sexual relationship. He later threatened her and allegedly deleted/reset electronic evidence. First obtain and examine: FIR copy Interim protection/bail order Victim’s statement under Section 183 BNSS Medical/forensic reports Exact sections of the SC/ST Act invoked

Advocate Raman Sahu LawRato

793 votes

The fact that the accused allegedly reset the complainant’s mobile phone does not, by itself, render the prosecution case incapable of proof. The complainant should immediately preserve whatever material remains available and place the same before the Investigating Agency, including screenshots, WhatsApp/e-mail communications, call details, photographs, social-media conversations, location data and other contemporaneous material. The Investigating Agency can also be requested to take appropriate steps for obtaining relevant electronic records from service providers or other available sources in accordance with law. More importantly, where the allegation is that sexual consent was obtained on a false promise of employment, the determinative question is not merely whether the promise was subsequently fulfilled, but whether the promise was false and fraudulent from its very inception, and whether such deception directly induced the complainant to consent to the sexual act. The Supreme Court has consistently drawn a distinction between a false promise made with an intention to deceive from the inception and a mere subsequent breach or failure to fulfil a genuine promise. � The subsequent conduct of both parties, contemporaneous communications, surrounding circumstances and the material collected during investigation would therefore assume considerable significance. As regards the interim relief already granted to the accused, the complainant should obtain and carefully examine the order and, depending upon the nature and stage of the proceedings, consider an appropriate application for vacation/modification of the interim protection or other remedy available in law. The applicability of the SC/ST Act must likewise be examined independently with reference to the specific statutory ingredients and allegations. Sci API +1

Advocate Neha Gupta LawRato

650 votes

advocate Suman khatkad maine aapke detail ko padh liya hai usko samajhne ke liye kya aap apne document Hamen bhej sakte hain jisse aapki Ham help kar sake aur aapko acche se assist kar sake aap ko ful support Karenge aap apne document bhej sakte hain aap hamare pass Apne document bhejiye jisse Hamen aapki help karne aur jyada aasani ho ab Hamen contact kar sakte hain WhatsApp pe email ya FIR aap sakte hain mere number per thank you

Advocate Suman Khatkar LawRato

699 votes

Do you have a copy of the FIR and a copy of the statement given by you under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)? Also, is there any mention of your mobile phone in those documents?

Advocate Sunil Kumar LawRato