Does the complainant need to repeat events in FIR and 164

Question

Does the complainant need to repeat events in FIR and 164

13-Mar-2023 (In Criminal Law)

Hi AdvocatesDoes the complainant need to repeat her sequence of events in FIR and 164 in a similar fashion. THere is a case where the complainant made 376 and 417 allegations on basis of promise to marry and has said in FIR that the guy raped her forcefully in August and September 2021 but they were in consensual relationship from January 2021 and she also confessed in statement that she did with mutual consent. Now in 164 statement no mention of rape is present and not even written that sex happened. Now in 161 she mentioned that sex happend in feb and march 2021 but no mention of august and september which is there in FIR. In such cases what should be donePlease help

Answers (2)

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Advocate Mukesh Vasant Shinde LawRato · Accepted Answer · 2023-03-13T13:52:40+05:30

Answer #1

It is better for you to face the trial in the trial court rather than thinking of getting the matter quashed at the High Court. Whatever questions you are asking repeatedly on this platform about evidence and its validity are triable by trial court. So be patient and prove your innocence before trial court.

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Advocate Anoushka Goyal LawRato · Accepted Answer · 2023-03-21T14:51:44+05:30

Answer #2

1. You should approach the High Court for quashing for FIR on basis of contradictory events as stated in FIR and statements under 161 and 164. 2. Moreover, since it was consensual sex and there are contradictory statements, it is very likely that the FIR will get quashed very easily.

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Adv. Anoushka Goyal Adv. Anoushka Goyal

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