Legal Question in Criminal Law in India

Hello Lawyers,

A girl filed a rape complaint on me. After we got bail after producing relevant documents and proofs, she studied the points in the bail application and changed her statement via 164. She gave a very generic complaint (escaping statements) trying to negate the proofs that we have collected. For example she mentioned in her complaint to police that between xx-xx-xxxx to yy-yy-yyyy date, for 5 days she was raped by me. When we collected concrete proofs that she was somewhere else during that time, she changed her statements via 164 and given it in front of a magistrate.

1. Is it not doubtful that she is changing her statements after bail ? Is it possible for to misuse law (section 164) like that ?

Currently the statement she has given in front of Magistrate doesn't contain anything but

"I met him, he proposed, I rejected, He forcefully did engagement to me, then he raped me". No dates, nothing!

2. Currently the police wants to submit the charge sheet even before getting FSL report match test. They are saying in her medical exam, it is written that she has recently involved in sexual intercourse". He is saying this is sufficient !! She could have had sex with anyone ! Can police do this ?

3. Can I submit private complaint against her after charge sheet is submitted ? The police intimidated me and didn't allow me to file counter complaint.

4. The police are saying they will close the private complaint's FIR by pointing it to the existing 376 case. Can they do that ? She has stolen my marriage jewellery and engagement rings etc that's why I want to submit a private complaint.

Thanks In Advance...


Asked on 9/15/17, 7:09 am

1 Answer from Attorneys

In reply to your query, the details are required to be examined. At the moment donot try to be over smart pointing out the discrepancies in police investigation or statement of prosecutrix as it may give chance to police and prosecutrix to fill their deficiencies and lacunas. You has already committed mistake. Let the police to file the charge sheet. Police can file charge sheet under section 173 Cr. P. C. even if CFSL report has not been received. Consult with details. Sidharth 9811776422

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Answered on 9/15/17, 9:42 am


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