vimal singh (CSW) 17 May 2014
"A" has registerer a FIR against "B" under sec 376. NOw this time "B" on Bail and at this stage when chargesheet submitted by police "A" wants to change her statement, She wants to state infront of Judge that the said complaint was registerd by her under pressure of POLICE and her parents. and "B" is totally innocent then waht is the court/Judges reaction. and what is further action taken by the court........
Mahendra Vadia (B. Com. LL.B.) 18 May 2014
As IPC Sec. 376 is a cognizable offense, it is not an offense against the complainant, but an offense against STATE. Moreover, this offense is non-compoundable. Even if complainant does not support the complaint filed by her before the police, the court cannot discharge the accused straightaway. The trial must proceed and depending on the evidence produced before the court and age of the complainant (Prosecutrix), and the circumstances under which consent was given by her, the court may acquit the accused but that would be only after a full fledged trial.
When prosecutrix does not support the complaint the entire trial would be just a futile exercise. This type of futile exercises are waste of time of the parties and the courts as well. Suitable provision in law should be done for such a situation. But that is for the legislature to look out.
Advocate Mahendra Vadia (Gujarat High Court)
adv.raghavan (Advocate,9444674980) 18 May 2014
No it is not possible to change the statement made to the police ,as the police had already charge sheeted.
T. Kalaiselvan, Advocate (Advocate) 19 May 2014
She can turn hostile while deposing her evidence during trial stage based on which the case can be dismissed after finding nothing to substantiate the defacto complainant's case.
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