Trial court has any right to change the offence u/s ipc 376 to 497
GANGAM.RAJENDER.
(Querist) 01 October 2013
This query is : Resolved
the rape CASE has been registered u/s 376,368.victim family are the neighbors to each other the relation is only phone contacts but they (accused family)never come to the victims home.one day the victim went to some other district village the accused followed her and threatened dire consequences her and take her to some lonely place and raped her.after two moths she lodged the complaint with some documents(CONTINUATION OF HARRASHMENT AFTER THE RAPE ACT the accused forceably created divorce papers with notary which was signed by victim ,the papers consists one 100 rs bond paper and second page continuation but the victim and her husband(forced by victim husband had signed) signed on the second page not on the 100 rs paper.
A. IS this case comes under section ipc 376 or 497.
1. ipc 497:whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man,without the consent or "Connivance of that man", such sexual intercourse not amounting the offence of rape.
2."in the section 497 the word connivance of that man",which is equal word to SECTION IPC 375 FORTHLY :WITH HER CONSENT, WHEN THE MAN KNOWS THAT HE IS NOT HER HUSBAND, AND THAT HER CONSENT IS GIVEN BECAUSE SHE BELIEVES THAT HE IS ANOTHER MAN TO WHOM SHE IS OR BELIEVES HERSELF TO BE LAWFULLY MARRIED.
3.TELL ME THE DIFFERENCE BETWEEN THE SECTION SHE IS THE MARRIED WOMEN.
4.IS THERE ANY CHANCE TO CHANGE THE OFFENCE AT THE TRIAL STAGE.
THANK YOU SIR.
R.K Nanda
(Expert) 02 October 2013
meet lawyer personally.
Kiran Kumar
(Expert) 02 October 2013
its true may that the trial court may alter charge after perusing the charge sheet submitted by the police and after hearing the parties.
for the purpose of definitions and interpretations do some academic exercise and make proper consultations with your local lawyer.
Raj Kumar Makkad
(Expert) 03 October 2013
Trial court definitely may alter the charge under the power vested in it under section 316 of criminal procedure code if the facts do constitute it.
Manjeet kumar sahu
(Expert) 25 October 2013
For Alteration of charges plz refer sec.216 of CrPC.
