Instead of a Private complaint, the victim should have filed a police complaint u/s 166A IPC as is was inserted into the CrPC book via 2013 Amendment (Due to 2012 Nirbhaya incident)

Citations : 2020 SCC ONLINE SC 517

Other Sources :

https://indiankanoon.org/doc/127137628/

https://www.casemine.com/judgement/in/5ef19a8f3321bc37150ee24f