LawRato

According to the prosecutrix's FIR, the relationship lasted from August 2021 to October 2022, and sh


24-Mar-2023 (In Criminal Law)
According to the prosecutrix's FIR, the relationship lasted from August 2021 to October 2022, and she met the guy for the first time in a hotel booked by her in a remote location on December 2021. The girl is from Noida, and the boy is from Amritsar. Boy has never been to the girl's house, and every time she comes, the girl is highly educated and has a PG in medicine. She claims that in April and May 2022, he raped her and forced her to go to his house both times. In 161, she no longer mentions April and May, instead focusing on the first time they met. He promised marriage and raped her in December 2021, she claims. Does it work in India where the prosecutrix can move things from one location to another in FIR/161/164? She provided no evidence. In 164 she didnt mention rape or force or anything .
Answers (1)

Answer #1
904 votes
Inconsistencies in statements made under Section 161 and Section 164 of the code can have consequences for the credibility of the witness and may affect the beneficially affect the outcome of the case for you. Section 161 of the CrPC deals with the examination of witnesses by the police during the investigation. These statements are not made under oath and can be used for contradicting the witness during the trial, as per Section 145 of the Indian Evidence Act. Section 164 of the CrPC allows a Judicial Magistrate to record statements and confessions of witnesses or the accused. Statements recorded under Section 164 are made under oath and have greater evidentiary value. Inconsistencies between statements made under Section 161 and Section 164 may lead to the following consequences: Credibility of the witness or complainant: Inconsistencies can cast doubt on the credibility of the witness or complainant, which may weaken their case. Cross-examination: The defense can use inconsistencies to cross-examine the witness or complainant, potentially discrediting their testimony. FYI- Hotels these days get consent forms signed from couples.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."