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Case of File FIR on 376 and 417 charges


24-Mar-2023 (In Criminal Law)
The prosecutrix in her FIR said that relationship was from August 2021 till october 2022 and she met the guy first time in a hotel booked by her in a remote location on december 2021. Girl belongs to noida and boy is from amritsar. Boy never went to girls place and everytime girl is coming, Girl is highly educated and has PG in medicine. she says that in April and May 2022 he forced her and raped when she went to his place both the times. Now in 161 and she doesnt mention April and May but shifts everything to the first time they met. She says he promised marriage and raped me in December 2021. Does it work where prosecutrix in India can shift things from one place to another in FIR/161/164??? No evidence provided by her.
Answers (2)

Answer #1
724 votes
statement under section 164 is most important however you will the benefits of doubt of statement made under section 161. you can prove her consent then you get the relief. For more specific remedies I have go the the full version of FIR and chargesheet if presented by the police. For more detail you can contact me Advocate Ranjeet Sonker Allahabad high court
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Advocate Ranjeet Sonker

Adv. Ranjeet Sonker

LawRato Allahabad | 100+ Answers
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Answer #2
654 votes
If she is changing her statements than it's very good for your defence. But first of all you have to share girls age details. consent of the parties is very important as for the defence. Girls statement u/s 164 is very important to read first to see the nature of the case. This is a case of False allegations as we have to show it on our defence.
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Advocate Anand Pratap Singh

Adv. Anand Pratap Singh

LawRatoAllahabad | 25+ Answers
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