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sunaina (house wife)     17 February 2013

Help? assault/abetment to suicide/no justice?

The victim-age 25 under deep psychiatric care since few years, Assaulted, beaten , rolled on the floor with feet, jostled hair, and then shut in a room for a day. She was constantly vomiting in periods for days as her health was dangerously fluctuating, and she did not tell her mother about it.
next day she is able to have a male friend take pictures of her assault...not all as it was in lower back most of the few marks on neck and back. (The entire family knew my daughter has suicidal symptoms-the doctor had given enough feed-back)

due to her medical condition...she was shifted from west-bengal to dec in the year 2011 dec, the assault took place 2011 diwali day-
all the while her mother had shifted to punjab approx a month earlier and the victim remained behind to be with the family in west bengal and come later
she was brutally beaten, mother had a nervous breakdown-and went into medical aid emergency medicines from punjab was sent by courier by consulting a doctor in punjab, this too the mother came to know nearly after 12-15 days when the daughters condition was severe till suicidal tendencies..mother was told save your daughter we cannot do anything to help her, no medical aid was provided in the mean time.
1) There is proof of her medical history previous and present-before and after the assault


2)Pictures of assault


3)HER Travelling dates from west bengal in dec.


4)Courier service reciept of medicines mentioned in it which was sent to west bengal-in november


5)medical prescripttttions of the doctor in punjab-on which the medicines were sent plus her further medical prescripttttions till date.


6)The drastic changes of her entire profile in pictures which shows how dangerously her mind fluctuated and her entire profile changed in a year since she dropped down from west bengal.


7)Proof of her medical history in west-bengal and the doctor is willing to stand as witness, to certify her health conditons.
A mother seeks Justice for her daughter-she cannot permit her daughter to be mistreated by ANYONE-this is not inlaws but her own family, who hated seeing a mother give strength to a girl child, in the family.MY DAUGHTER. The grand-mother, sister inlaw saw her being beaten and did not stop the assaulter-victims 'Mama' Sunaina's Brother.
The lawyers are saying how do we prove that she was beaten?
There is no case here? IS THAT POSSIBLE?

1)Now is this how Law works?
2)Is the victims verdict not taken seriously?
3)Do I understand, that law works on witness alone?
4)what if someone is stabbed and no one sees it-but the victim knows-does this case have no standing?
Can any legal expert please throw light? How do we handle this?
Thank You for your response and interest in advance.


 16 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 February 2013

In the given case, the medical evidence is available but there is no MLR and no police report due to which police ma not initiate action at this stage but even then a criminal complaint under section 200 read with section 156 (3) of Criminal procedure code can be got filed and those accused persons can be brought before law.

1 Like

sunaina (house wife)     17 February 2013

Thank You Dear Sir(Raj Kumar Jee)

I could not file a criminal fir as I was not there, and my daughter did not mention anything to me, as she was completely sick, and did not know what she is doing in this state..., i was busy setting up the new apartment  in punjab...when I knew it I myself was under so much of stress, I myself had a nervous breakdown...due to family issues I shifted to punjab....

Now one more grave point here-

My parents deal with animal organs...which is a grave act in wild life...I had actually told them few months earlier that I would go register a case locally in the police...and mention all this...and the harrassment they gave to me all my life...they threatened i shifted to punjab slowly to deal with it silently later...but somehow my mother convinced my daughter to stay behind...and in the daughter got beaten by my brother...

I surely want to have such criminals behind bars...

sunaina (house wife)     17 February 2013

How does 156(3) help here dear sir? I need proper justice for my girl not few days in daughter is scarred for life due to these idiots. ipc 200 talks of riots.


OOOOps sorry it is....CRPC I looked into IPC

Aashish George (lawyer)     17 February 2013

i have no idea, why i was called in to comment on this? when you have already got the best advice from one of the expert and my guru shri makkad ji. i would also like to add, that the entire story is not detailed, its in bits and peices which seems that you are in a hurry. even if you were to file 156(3) and the magistrate was to take cognizance of this case, i feel there is a slim chance it will fly, cos if i am taking this the right way, your daughter has suicidal tendencies, it is also accompanied by self inflicting hurt tendencies that happen in most cases, u may have the pics no doubt, but the victim is not mentally fit to give witness and no one according to you has witnessed the said beatings.

there might be no doubt in your mind that she was beaten brutally as it may, but the court will not convict anyone just because you or the victim says so, over all evidence including the medical reports, stability of witness, alibis, knowledge and experience of the judge is the deciding factor.

find yourself a good lawyer/advocate who can build a case and prepare it before filing it in the court. rest is the will of god and your luck.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 February 2013

I do endorse the advice of Aashish except his praises for me.

sunaina (house wife)     17 February 2013

Thank You Ashish Jee...much appreciated....

I do understand what you say here...the fact is I knocked on many doors to respond here....where help comes from one never knows...

It is difficult to spend, when resources have to be monitored...hence all your support helps to take the case to a proper direction...have dealt with few lawyers...some say something others say something else...your insight collectively...makes one come to a better conclusion...Thanks and Gratitude is all I can offer here...

I have a witness to the is a servant inbetween...the point here is he seems to he is attached to the offenders party and me...hence the fear he may cause more damage than does one handle this?

Raj Kumar Ji.....Your insight too is do not know how all this is helping lawyers in that small place are clueless...need to feed them points....You are the ones leading this...

Thank You ...Much appreciated.

sunaina (house wife)     17 February 2013

Dear Raj-Kumar Jee...

My daughter is not so mental...she has a safe record of work experience...only that traumas trigger such activities and more than one doctor who has dealt with her will testify that....

Just before the assault she had finished a Management course with here we are dealing with a stable girl...who fluctuates to such behaviour when stress and trauma are instilled...

Any support now Please?

Aashish George (lawyer)     18 February 2013

i am sorry, but i dont agree with you on this. just because she completed her management course and she remains stable for a while does not give her a clean chit nor makes her a competent witness (as per me) and the servant cannot be relied upon for such a serious case, if you make him your corner stone, the case will fall, no doubt about that. i know that you are driven by the emotion to protect your child, but with the resources you have and the facts in question along with proof you have is highly inadequate. i know i am sounding negative but i am a realist. good lawyers will cost good money (its not a hard and fast rule) there are exceptions in this also, but they are very rare. only few good lawyers who are in this profession to help people like Mr. makkad can help you, but sadly he sits far away so dont really know what can be done about the distance.

sunaina (house wife)     18 February 2013


 I admire hard core facts, Im emotional i do agree...but not blind to what facts you state...

I have lost much in dealing with lawyers, and Honestly I feel lost...

What you say makes sense in court language...I wonder now where I begin from where do I end....its painful....

Thank You

sunaina (house wife)     18 February 2013

Dear Sirs,

Any Possibility of taking this case under DV act?

Thank You..

Much Obliged!





It's really difficult position for me to comment or advise within my knowledge jurisdisction unless you come with full facts and not a fictitious story where you are going to be ongoing on adding as per your wish making it complex and restricting others to give you a sound reply.


You have been enlightened by 2 Senior experts(See your previous posts where you even offered a member to advise you on your case personally) and one or more experts/members.Now my question is-


1.What's your fact?


2.What's your wish?


3.What you think about your situtation in this regard?


4.What's more to be added?


Hope next time you come up with the actual and real problem and not with imaginary and excercizable problems.

Note-This reply should be taken as per the declaration given in my profile page.




sunaina (house wife)     18 February 2013

Dear Kumar Jee...

Fictious??? Im sure I have a good mind, not to mis-use such gravity of Grave characters and Lawyers here...If it is not grasped by your good-self does not mean the problem does not exist...

It is my life-I faced the music-easier said than dear Dear Man, if One cannot be sensitive to the real problem, i see no reason for throwing Judgements of this Order. You cannot even see the basics...i seek Justice...what say of rest?

Thank You...

You need to see my childs face...her perhaps sit on a chair and make vague not Insult my Integrity...




Well I am not giving judgements as it's not my cup of tea.


I still stand by my opinion as your query clustered in several threads have serious flaws-


Just one easily caught flaws e.g.


You say, you have got barely 10th standard education and but One can easily find out the truth what is contrary to your saying just by barely reading between your lines in those threads having your queries and replies.


I am sure,no one here in this forum is able to address your problem as per your satisfaction becuase it's actually not a problem but mere inquisitive mind which gives a colorable piece to her academic query into story having introduction of some intense feelings reflected by some well-chosen words.


Anyway, Good LUCK!!!




sunaina (house wife)     18 February 2013

One More Judgement-from your Good-Self.

Have you heard-
'Educational Qualifications, is not the only qualifications of life?
Pain makes you pass many passages, and its dynamics is only understood by those who hold certain gravity!! If you meet me personally, my persona may make you feel that every inch I say is wrong, because I never dwelt in pity...PITY never makes life!! I walked with Immense DIGNITY!!!
Thank You for your wishes...

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