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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

DISPARITY BETWEEN FIR AND FURTHER STATEMENTS U/S 1...

  • 2022-02-07T14:46:25

DISPARITY BETWEEN FIR AND FURTHER STATEMENTS U/S 164 CRPC NOT A GROUND FOR DISCHARGE OF AN ACCUSED: SUPREME COURT. In the present case the accused was alleged of sexually abusing the prosecutrix and hence a chargesheet was filed against him under Sections 354 and 376 of IPC and Section 5 a 6 of Protection of Children from Sexual Offences Act, 2012. The Allahabad High Court dismissed his revision petition, which was filed against the trial court’s order, upon which the accused approached the Supreme Court. In the Supreme Court, the accused argued that the FIR does not disclose the offence u/s 376 of IPC, upon which the court stated that the statement given by the prosecutrix u/s 164 of CrPC made allegations which equivalents to offence under section 376 of IPC. Hence, the court observed that the discrepancies in FIR and any subsequent statement under Section 164 of CrPC may be a defence but it cannot be a ground for discharge without initiation of trial. Reddy and Reddy Law Firm is well experienced in the field of litigation and has successfully represented clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.

DISPARITY BETWEEN FIR AND FURTHER STATEMENTS U/S 164 CRPC NOT A GROUND FOR DISCHARGE OF AN ACCUSED: SUPREME COURT. In the present case the accused was alleged of sexually abusing the prosecutrix and hence a chargesheet was filed against him under Sections 354 and 376 of IPC and Section 5 a 6 of Protection of Children from Sexual Offences Act, 2012. The Allahabad High Court dismissed his revision petition, which was filed against the trial court’s order, upon which the accused approached the Supreme Court. In the Supreme Court, the accused argued that the FIR does not disclose the offence u/s 376 of IPC, upon which the court stated that the statement given by the prosecutrix u/s 164 of CrPC made allegations which equivalents to offence under section 376 of IPC. Hence, the court observed that the discrepancies in FIR and any subsequent statement under Section 164 of CrPC may be a defence but it cannot be a ground for discharge without initiation of trial. Reddy and Reddy Law Firm is well experienced in the field of litigation and has successfully represented clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.

  • 2022-02-07T14:46:25

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