Material Contradictions in FIR /164 and 161

Question

Material Contradictions in FIR /164 and 161

27-Mar-2023 (In Criminal Law)

Hello, Advocates. In one case, the girl claims that she was raped in May and June by a man who promised her marriage; however, 161 claims that no rape occurred in May and June, but that she had a consensual relationship with the man in February and March on promise of marriage. Rape is not mentioned in 164 and not even sex . In FIR, the promise to marry was made in April 2022, whereas in 161, the promise to marry was made over the phone without meeting the guy in october 2021. The police write in the chargesheet that the rape occurred in May and June without any evidence - neither medical nor 161. What exactly is this. This lady is 40 year old MD doctor

Answers (4)

Recent Questions

Domestic Violence petition being delayed

I bought the IPL tickets to go to my family, but I could not go that d

How to make witness persons as an accused

Letter from mumbai police for enquiry

FALSE ALLEGATIONS n FIR REGISTERED

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Advocate Ranjeet Sonker LawRato · Accepted Answer · 2023-03-27T16:46:58+05:30

in this type of cases statement made under section 164 crpc is most important and medical report is also important. you get bail and chargesheet can be challenge under section 482 crpc.
For more detail contact me
Advocate Ranjeet Sonker

Advocate Rajeev Kumar LawRato · Accepted Answer · 2023-03-27T19:57:31+05:30

In the question presented by you before me, there is a contradiction between both Section 161 CrPC and Section 164 CrPC, but the statements made in the Hon'ble Court under Section 164 will be accepted as those of the victim, Section 161 has no relevance in the trial because it is not related to the police. They are presented in front of you out of free concernThe trial will be conducted on the basis of the statements which have been made in front of the Magistrate of Section 164 and it does not seem to be a case of rape, it is only a case of breach of promise of marriage and the lady is fully matured and major, in such a case, she should What has happened with her was her tacit consent or free consent and now she is of rapecan't blame

Advocate Anand Pratap Singh LawRato · Accepted Answer · 2023-03-28T00:27:29+05:30

As per the details you shared, first of all it's very important to see the papers.
As per our defence we have to prove it is a case of False allegations and The lady is already Major and she well know the cons and pros of the relationship.
Whole details should be shared to understand better the complaint,
kindly share some more details so that anyone can help you much better.
Thank you.

Advocate Shubham Srivastava LawRato · Accepted Answer · 2023-04-01T09:10:42+05:30

If the police has wrongly accused you without any evidence, then you can go against the case in the High Court without getting bail in that case. If the High Court feels that a wrong case has been written against you without any evidence, then the High Court can pass an order to cancel the case written against you.

Material Contradictions in FIR /164 and 161

Adv. Ranjeet Sonker

Second statement under Section 164 CrPC

164 statement in POCSO

164 CrPC statement

can statement under section 164 crpc be recorded twice

Statement under Section 164 of CrPC and its evidentiary value

Section 164 CrPC explained

Guidelines for recording statement under Section 164 CrPC

Adv. Rajeev Kumar

Adv. Anand Pratap Singh

Adv. Shubham Srivastava