• Case of sexual harassment

An army personnel physically harassed me on a train once and I filed a case. The army took over the case and fooled me saying they have punished him through a court martial. The ploy came out only when I pestered them for a document regarding the trial. Thereafter an army officer started intimidating me over the phone and later on in person. They kept trying to sabotage the case through various other means too. Then the Army transferred the case to the district court of the place where the incident had happened. Someone came with a summons and I was asked to apppear in that court, a day's travel from my place, on a particular date. I could not report on that date since I had a medical emergency and the same person who served me  the summons called me up to say the case has been shifted to another date. When I reached the court, I was told that the date of hearing was the day before and that  I was late. But I am very sure the date was the same as was told to me, also it was the same personnel who served me the summons who took me to the court from the railway station. He works in that court complex and did not say anything about the case being on the previous day. Once in the court the Judge said I had to identify the accused and as he had come and left the day before, they could not take my statement. The personnel there were very intimidating  and it felt like everyone there was part of the plot. The case has now been shifted to a further date. But I am not confident of going to that place again as I fear for my safety. Also I am suffering from a rather serious medical issue now, making it impossible to travel for the case. Kindly advise me if I can get the case transferred to my hometown and where I can find help in fighting the case as I am a student and lack the resources to  manage a court case.
Asked 4 years ago in Criminal Law from New Delhi, Delhi
1. The first mistake that you made was to not to engage a lawyer of your own who could have monitored the case and kept you in loop of the outcome of every hearing. He could also take corrective action if the case was botched up in any manner.

2. You may apply for transferring the case to your home town if your appearance in the court at the place where it is pending adjudication is fraught with a threat to your life, or your precarious medical condition make sit difficult for you travel. 

Consult a lawyer personally and acquaint him with the entire background of the case so that he may advise you the further legal recourse.
Ashish Davessar
Advocate, Jaipur
23108 Answers
639 Consultations

5.0 on 5.0

You can simply report to Army Head quarter where the Army man is posted,stating  the nature of harassment and time and place of occurrence. An Army Official of the rank of Major is entitled to take this complaint.
Soumya Kundu
Advocate, Kolkata
86 Answers

4.7 on 5.0

your case can definitly transfered to your native place. feel free to call with detail of your case
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

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