False case of 376

Querist : Anonymous (Querist) 05 April 2011 This query is : Resolved
A false FIR for 376/511 was registered against my friend.
The victim has given multiple statements at different places and we have a copy of those statements.

On the basis of that we approched to the Police and applied for the enquiry in this case by senior officials. In the enquiry police found out that the case is false and converted that case to IPC 354.

On the basis of that my friend has got the bail.
Police has filed the chargesheet for thye case under Sec 354.

I want to know can the other party go ahead and ask for further enquiry by any authority in the court and get the case converted again to 376 or the case now needs to be fought un court for section 354.

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adv. rajeev ( rajoo ) (Expert) 05 April 2011
when charge sheet is filed now she cannot convert the case. You have to contest the case u/s 354 of IPC.

M.Sheik Mohammed Ali (Expert) 05 April 2011
yes, you can face case.

A Truthseeker (Expert) 05 April 2011
yes the case can be aggravated to sec376 IPC if according to the Magistrate there are materials in the CD. it is the discretion of the Magistrate to accept the chageshheet and concur with the Police.

Raj Kumar Makkad (Expert) 05 April 2011
At this stage, there is no material even before magistrate to order any re-enquiry or convert the section to 376 IPC. Even the complaint is not under section 376 IPC rather it is under sections 376/511 IPC means trying to rape and not rape.

If at the time of statement of prosecutrix, it comes on file that the originally alleged offense was committed by accused persons then the magistrate is empowered to convert the charge accordingly on the application of the prosecutrix or prosecution.