376 IPC

Arvind Singh Chauhan (Querist) 07 October 2010 This query is : Resolved
16 year 4 months old girl eloped with a major boy. Later both were caught by police. Boy is charged with 376. Girl has convinced the accused's relative that she has told in her statement under 164 that she gone with the boy with her own will.

Now the girl is in NARI NIKETAN and boy is under judicial custody.

Whether girls' statement under 164 may be called at the stage of bail?

Whether she can be called before court at the stage of bail?

If Yes please guide.

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s.subramanian (Expert) 07 October 2010
Yes. She can be called since the personal liberty,which is a fundamental right guaranteed under Art.21 of the Constitution of India is at stakes.

Devajyoti Barman (Expert) 07 October 2010
At the time of disposing of the bail application, the victim is not called before the court though her statements u/s 164 of crpc is taken into account.

M/s. Y-not legal services (Expert) 07 October 2010
Yes agree with mr.barman.

Ajay Bansal (Expert) 08 October 2010
DO.

Kirti Kar Tripathi (Expert) 14 October 2010
i also

Arvind Singh Chauhan (Querist) 15 October 2010
Thanks to all learned members for guidance.

pawan sharma (Expert) 19 October 2010

Q.Whether girls' statement under 164 may be called at the stage of bail?
A.yes, it can be take in to account at the time of hearing on the bail of the boy.

Q.Whether she can be called before court at the stage of bail?
A.nevar.

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