• Service of summons in criminal case

My sister was raped by her boyfriend when they both met at my cousin's place. This incident took place over 13 months back. Can we still file the case? She doesn't have much evidences as well. My family still does not want to file the case as they fear loss of face in the society. This was the cause of delay.

My cousin has left that place and somebody else lives there now. My question is that during police investigation, will my cousin be interrogated? Will the police reveal to her the whole case? What are the questions she would be asked?

Also, we have recently shifted to a new place. And have got the permanent address changed on our IDs, which will be used in the complaint. My fear is that when the accused will appeal in the higher courts, he will use the old permanent address only since he knew that one. So my question is, can he use any address of his own choice at the time of appealing or will he be liable to use the one provided in the complaint? At our old permanent address, my extended family stays and i surely don't want the court notice to come there.
Asked 7 years ago in Criminal Law
Religion: Hindu

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9 Answers

The case can still be filed, though it is highly belated and it would be extremely difficult for the Police to gather clinching evidences in support of the case.

Yes, your cousin will definitely be interrogated and during the process, she is ought to get to know about this incident and the FIR fully.

He should use the updated address since you will reveal this address in your FIR. He should generally use the address provided by you in the Complaint/FIR but there's no general rule as regards to this.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1.Yes,rape case can be filed even now though proving the allegations with the lapse of time has become very difficult unless there is any direct or circumstantial witness.

2. During investigation your cousin can be arrested and then interrogated or is first interrogated and then may or may not be arrested.

3.the question of appeal arises only when he is convicted or him applying for bail no summons would be issued at your address.

4.In the present circumstances there is no immediate need to get worried over the address issue.if you engage an advocate he should be competent enough to keep track of the case.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

Hi, yes you can lodge a FIR .. The police will interrogate the entire case and every witness who were present in the house .. You can mention your new address to the police ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Your sister can file rape case against her boy friend even now

2) explain the reasons for delay in filing rape case

3) cousin would be interrogated by the police

4) police would reveal to her the facts of case

5) accused will have to use address mentioned in complaint

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

It is better to tell the truth only

2) if rape was committed in house then she should not say it was done in hotel

3) if your sister went into hotel room with her boy friend on her own accord it can hardly be called rape

4) cousin house where offence was committed would be called as witness

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

1. All depends upon the recitals in your FIR.

2. What's the need of hiding this from her. Your case will only get stronger if your cousin is aware with all the happenings and not others.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

My cousin has left that place and somebody else lives there now. My question is that during police investigation, will my cousin be interrogated? Will the police reveal to her the whole case? What are the questions she would be asked?

Your cousin who was the owner/tenant of that house at the time of incidence may be interrogated.

The questions to be asked from your sister will depend, normally a woman cop will record the details.

Also, we have recently shifted to a new place. And have got the permanent address changed on our IDs, which will be used in the complaint. My fear is that when the accused will appeal in the higher courts, he will use the old permanent address only since he knew that one. So my question is, can he use any address of his own choice at the time of appealing or will he be liable to use the one provided in the complaint? At our old permanent address, my extended family stays and i surely don't want the court notice to come there.

The question of address is not essential at this stage.

The complaint if lodged now, it will take years to get disposed in the court of law.

After this, in case the accused decides to prefer an appeal then a notice would be sent to your given address or the available address.

If the notice is returned undelivered for want of proper address, then the court may pass an order to furnish fresh address.

You may carefully file a caveat petition in advance, before high court which will take care of the address problem.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Our lawyer has told us that if he will take the IO into confidence then it would be possible that my cousin won't be involved. My sister met her boyfriend in a hotel also. So the lawyer said that by taking the IO into confidence, we can focus on the hotel part and my cousin wont be involved.

1) Is this possible?

This is a tall promise made your lawyer, but is there any guarantee for this?

2) Even if she doesn't get involved by taking the IO into confidence, will she not be contacted by the accused and his lawyer to come as a witness? Then she will get to know the entire case?

Yes, this may happen, hence it would be better to get her involved in the case from the beginning so that the future embarrassment may be avoided.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

the promise as given to you by your lawyer is a hypothetical promise and does not have any ground.

It is better to get her involved in the matter since the beginning as sooner or later if the case proceeds then she will have to appear.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

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