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Prosecutrix says rape in FIR but not in 164 false promise to. marry


28-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 37 year old Scientist
Answers (3)

Answer #1
513 votes
Hello Good Evening Share your Fir , Chargesheet and if there is any Medical of the lady. Share the statement u/s 161 and Statement u/s 164 of the Lady. So, I Can give you the best response of your case. Thank you
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Advocate Anand Pratap Singh

Adv. Anand Pratap Singh

LawRato Allahabad | 25+ Answers
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Answer #2
532 votes
if in 164 crpc girl not mentioning the rape or not mentioned the sex then you will get benefit of doubt and got bail easily. bcoz she is very educated then her claim not mentainable that you making false promise and used her.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #3
664 votes
you may challenge the proceeding before the High Court and if the Court finds it an appropriate case it may quash the entire proceedings therefore my suggestion would be for you to move a petition before the High Court and get it quashed.
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Advocate Dhruv Mishra

Adv. Dhruv Mishra

LawRatoAllahabad | 25+ Answers
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