The case of rape is currently going on in the session court, kalyan.

Situation : The case of rape is going on from the relative of the wife. Proof is rape born child, DNA report is positive. If the accused succeeds in proving consent, the charge will be free. I want the accused to be punished so i want to know. In such circumstances, when the complaint can be filed in court under section 497 of IPC.
Related Topics : Criminal Law
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Advocate Justice Kishan Dutt Kalaskar

Bangalore , Bangalore 
For More Details Contact On +91 7769012300.
A:

1. You can lodge such complaint soon after verdict is announced and appeal period of 30 days is expired without appeal.

2. The relevant provision is extracted below, but it is not clear whether the victim was married at the time of incident and what is the status of victim as on today. 

Section 497 in The Indian Penal Code

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

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