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How important is an 164 statement as prosecutrix doesnt say sex!


23-Jun-2023 (In Criminal Law)
In 164 the prosecutrix mentioned that she booked the hotel room by herself and she didnt mention anything about sex, in 161 she mentioned various places that she gave consent because boy said he loves her. The promise of marriage according the FIR happened much later. Now in most of the judgements it says that its considerered false promise only when it happens post promise to marry but what if sex happens before and girls 161 and 164 shows that she was having sex chat with the guy prior.
Answers (2)

Answer #1
515 votes
Yes...if the promise of marriage was done after the sexual activities then the accusation will not hold its testified importance. And if there was any kind of consent involved even in the sexual activities then also it will not be counted under section 376. It's just a matter of arguments & cross exams. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
505 votes
161 statement is not as relevant as 164 statement. 164 statement is made before a judge, so therefore it's relevance and credibility is more than 161 statement, which is made before a police officer. 161 statement is used to support something which the prosecution may want to prove. so whatever has been stated in 164 statement has a very important relevance.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

LawRatoDelhi | 25+ Answers
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