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Should the complainant reiterate the incidents from the FIR in164?


14-Mar-2023 (In Criminal Law)
Hi Advocates,Does 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 happened in feb and march 2021 but no mention of august and September which is there in FIR. In such cases what should be done. Please helpnnIn 164 she has just mentioned that guy and she had intimacy in feb but nowhere else she said this
Answers (1)

Answer #1
556 votes
hi since 164 statement is silent on incidents pertaining to rape and further there are contrasting statements in complaint, 164 and 161, you will have good grounds to defend in trial. so no worries. in most rape cases, delay in filing cases and contrasting statements are good grounds for acquittal. so no worries
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