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Shaurya (dsbfm,bvk)     24 September 2012

Remedy for !64 statement

Case is of Section 376 ........ both boy and girl want to marry ..girl is willing to take back the case.... .she has supported the bail applications at lower court and high court...... She along with the boy filed a joint petiotion for quashing of FIR...... The case is done on the boy's non fullfilling his marraige promise and due to some misunderstanding between the girl and the boy and their respective familes.     They are engaged....The Judge in high court was ready to give interim bail but The PP stopped him by stating the allegations made  by the girl in Front of Magistrate under section 164 ..... What should the girl do in order to change her statemnt of 164....... Will she be prosecuted for chnging her statemnet ??? IF yes then what would be the prosecution under section 182 she can face ?  Is there any way to avoid that section 182 prosecution and   do something about 164 statement? The only hindrance in the bail is her Section 164 statemnt .. otherwise the FIR is very simple which states her consent and non fulllfilling of promise of marraige by the boy. and  the Judge was giving bail on the merit of that FIR ,the Quashing Joint petitions filed.........But PP changed  everything by reading 164 statement ...... The girl's lawyer staed that the girl was pressurised by the cops before  giving 164 .. what should be done ? CAn the girl file an application to change her 164 statemnt ? IS it possible?



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 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     24 September 2012

Magistrate certfied the confession was voluntarily made. 

That part cannot be changed. 


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