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What happens when the prosecutrix doesn't mention rape in 164 but in F


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 40 year old MD doctor
Answers (2)

Answer #1
750 votes
Hello Good Evening As this is the case of false implications by the Lady Doctor but the sections added in F.I.R. was important as Police chargesheeted you u/s 376. So contact any Advocate with all the paper as soon as possible.
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Advocate Anand Pratap Singh

Adv. Anand Pratap Singh

LawRato Allahabad | 25+ Answers
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Answer #2
868 votes
s.161 statements are not considered as substantive piece of evidence.. however this can be used for contradiction.. here FIR and Chargesheet consist of material irregularities.. since allegations seem vague .. person can either go for 482 hc for quashing of Chargesheet.. or can face trial in district court .. these inconsistencies will make prosecution case weak ..
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Advocate Aditya Sharma

Adv. Aditya Sharma

LawRatoNoida | 25+ Answers
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