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False case of 376 in Chandigarh by a PhD lady. Kindly read


15-Mar-2023 (In Criminal Law)
Hi Advocates, Is it necessary for the complainant to repeat her sequence of events in FIR and 164 in a similar manner? There is a case where the complainant made 376 and 417 allegations based on a promise to marry and stated in the FIR that the guy raped her forcibly in August and September 2021, but they were in a consensual relationship since January 2021. Now, in 164 statements, there is no mention of rape, and it is not even written that sex occurred. Now in 161 she mentioned that sex happened in feb and march 2021 but no mention of august and September which is there in FIR. What should be done in such cases? Please assist. One more thing she only used to travel 1000 kms to come to the guys house.
Answers (2)

Answer #1
874 votes
with regard to your first question, that whether repetition is necessary or not. You must be aware of the fact that there must be minimum contradictions between statement of 164 and other statement recorded at the later stage of trial to build a strong case. however it is not necessary that the former statment must be exact replica of previous one. And with regard to your second question we need to discuss further as the additional facts are required to be ascertained to get the answer of it.
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Advocate Akshit Mehta

Adv. Akshit Mehta

LawRato Chandigarh | 25+ Answers
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Answer #2
688 votes
even though in such like offences statement of the girl is sufficient for conviction of the boy but the statement of the girl should be trust worthy. If there are contradictions in the statement u/s 161, 164 and contents of FIR it may go against the girl and the boy can be acquited honorable court. further if the girl has travel more than 1000 km to meet the boy it shows that there is consent of the girl which also goes in favour of the boy.
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Advocate Anil Kumar Bhardwaj

Adv. Anil Kumar Bhardwaj

LawRatoChandigarh | 25+ Answers
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