Rape
anil kumar agarwal
(Querist) 14 June 2012
This query is : Resolved
a minor girl was abuducted by a boy aged 23, they went to other city and got married in arya samaj, and got their marriage registerd with marrige officer, lateron they were caught by police on the complaint of girls father , the girl said that the boy abducted her and married her without her consect but did not rape with her, and refused for medical exam also, lateron she reiterated same stament before magistrate u/s 164 crpc,police arrested boy u/s 363-366 ipc, now the girl submits a affedevite that she was raped also but she could not said in her statement because police and magistrate asked her saying KHOTA KAAM which she did not understood, can police add 376 ipc in this case at this case,the case is still under investigation with police
Adv.R.P.Chugh
(Expert) 14 June 2012
This is a material ommission in her 161/164 statements, and if she says something like this now at trial stage, she can be contracted by referring to her earlier statements, which would greatly take down evidentiary value of what she says.
Contradiction notably can be done also as regards what was not said as well as what was said, contradiction on ommission is possible only when what was ommitted to be said was somethign so material that any reasonable in those circumstances would have said it. This is one such case.
Shonee Kapoor
(Expert) 14 June 2012
The accused would get benefit in this case. the allegation of rape can not be added at such belated stage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 14 June 2012
agree with shonnee . girl sytament is contradictory .her staement before magistrate denies rape . she refused medical examination too . no case for rape is made out
