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What to do when chargesheet is submitted in 376


02-Mar-2023 (In Criminal Law)
Chargesheet is submitted in a 376 case where there is no medical evidence, date and time of rape is not given. Except the complaint/164 or FIR there is no evidence of 376 happenening. the complainant is a MD doctor and says false promise to marry after she gave consent.Can i go for quashing.
Answers (3)

Answer #1
536 votes
Yes, you can go for quashing based on the chargesheet. The contents of the chargesheet need to be thoroughly examined and only then can specific grounds be made for quashing. At the time of framing of charges in trial court, an application for discharge can also be filed if it's a summons case.
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Advocate Rohan Sharma

Adv. Rohan Sharma

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Answer #2
558 votes
When there is no data available concerning the time, date, and medical evidence to prove the offence of rape then the FIR as well as the Chargesheet are liable to be set aside/ quashed by the court of competent jurisdiction.
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Advocate Sujeet Notwal

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Answer #3
539 votes
Yes, this is the correct time to go for the quashing of FIR. Her being a doctor and not having medical evidence is only going to make your case stronger. A good argument by an efficient Advocate before the court should get you the justice you seek. Good luck.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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