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False case of 376 and 417 registered in Andhra


14-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 (4)

Answer #1
854 votes
hi if the complainant is changing her versions in 161 and 164 and making false allegations then you could file quash petition in high court to quash the FIR om the ground that it is based on all false allegations
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Answer #2
957 votes
well you have a chance to defend the cases falsely filed by that type of people, go with quashing of case FIR and charge sheet before High Court under 482 CrPC, as per the apex court judgements it will benefit to you and to bring you from the consequences
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Answer #3
689 votes
we have to go against the compliment and file a case in the court bystating that statement given to the police is completely false and therefore there is no force from my side and it is a mutual concerned and therefore court will decide to take on which side and will give the justice ask for the evidences provided Main To bahut parties
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Answer #4
802 votes
In India, the complainant is not required to repeat her sequence of events in the FIR and 164 statement in a similar fashion. However, any inconsistency or contradiction between the statements can affect the credibility of the complainant's case and can be used by the accused during the trial. In the case you mentioned, if the complainant has made contradictory statements in her FIR, 164 statement and 161 statement, it can weaken her case and the accused can use it to challenge her allegations. The complainant's initial allegation of rape in August and September, followed by her statement of consensual relationship from January 2021, and the lack of mention of rape in her 164 statement can create confusion and doubt about the truthfulness of her allegations. As far as legal remedies are concerned, it depends on the specific circumstances of the case. Generally, in such cases, the investigating agency will examine the statements made by the complainant and try to establish the truth of the matter through other evidence, such as medical reports, witness statements, and forensic evidence. If it is found that the complainant has made false allegations, she can be prosecuted under Section 211 (false charge of offence made with intent to injure) of the Indian Penal Code (IPC). Additionally, if the accused can prove that the complainant has made false allegations against him with the intention to harm his reputation or cause him harm, he may be able to file a defamation suit against the complainant. It is highly advisable to consult a lawyer who specializes in criminal law to guide you on the legal options available to you and help you take appropriate legal action based on the specific facts of the case.
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