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Chargesheet and 161 statement discrepency


26-Mar-2023 (In Criminal Law)
Hi Advocates, nnThere is a case where the girl says that rape happend with her in May and June by a person who promised marriage, in 161 states that no rape happeend in may and june but in feb and march she had consensual relationship with the guy. in 164 there is no mention of rape. In FIR promise to marry was given in april and in 161 promise of marry happened online on phone without meeting the guy. In chargesheet the police write that rape happened in may and june without evidence - nor medical nor 161. What is this???
Answers (3)

Answer #1
813 votes
if the girl is having consensual relationship with the guy in February or March then how can she claim she was raped. also if she filed an Fir we have to know when she filed it. also is there multiple Fir's in this case. also it is not the responsibility to question rape if the Fir comes they have to register the same and after that they investigate about it.
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Advocate Kanika Singh

Adv. Kanika Singh

LawRato Delhi | 50+ Answers
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Answer #2
665 votes
if the fir has been filed and you have the copy of the fir then it is better to contest on the basis of what is stated here. it becomes a fruitless exercise to state this in the platform where you can get the legal advise and not the legal recourse. All the sections mentioned and 161 statement can be countered here it is advised to be connected to a lawyer to handle the complaint
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Answer #3
803 votes
These things are the matter of trail and your advocate can ar due during framing of charges. If you have conclusive evidences then you can also go for quashing at High Court! You need to hire an expert advocate for all these things ! All the best
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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