What if Rape is mentioned in FIR but not in 164

720 votes

It's a classic case of getting the FIR quashed on that basis itself as it is quite apparent that the complainant has contradicted her own version of the alleged crime. The change of versions makes the case of the complainant weak. Good luck!

Advocate Puneet Srivastava LawRato

915 votes

If the complainant had earlier narrated the ordeal of rape faced by her in the FIR and in her subsequent statement under section 164 CRPC, the complainant omits to reiterate her allegation of sexual abuse and rape by the accused then her initial statement made to the police cannot be lost sight of.

Advocate Parul Singh LawRato

770 votes

there is judgement in which it is clear that fails to marry or refuse to marry after certain time of relationship does not amount to rape.
but if there is not rape mentioned in 164 then your case is strong from the defence side

Advocate Vishal Gupta LawRato

824 votes

section 164 is stronger evidence than FIR itself...FIR is statement to police it is only of corroborative value however 164 is statement before magistrate and have stronger value....you should file discharge application before trail court if charge has not been framed.
you can also file quashing petition before High Court..

Advocate Ravi Panwar LawRato

708 votes

You can’t pick one line from 161. And then one line from 164 and then one line from here & there and then start deciding your own case. Everything will go according to CrPC and during trail everything will be seen in collective way !
You need to hire expert advocate to fight back
All the best

Advocate D. Khan LawRato