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Abhi Sharma (n/a)     14 February 2012

Anticipatory bail for offence u/s 376 ipc

One FIR was lodged in the year 2010 alleging that A & B are committing rape with the prosecutrix since 2008. Only A & B were named in the FIR. In her statements u/s 161 she said that she got pregnant and went to city hospital for abortion. On her way to the hospital she, alongwith A stayed at the house of A's friend C where also A committed rape. In her statements u/s 161 she specifically states that 'C' DID NOT COMMIT ANY RAPE and just that he bolted the room from outside and A raped her in the room. She improved her version u/s 164 and for the first time stated that even C committed rape. A & B have been arrested and C is still at large and challan has been kept pending against him. i wanted to know that in light of the contradictions and improvements of the prosecutrix what are the chances of C's anticipatory bail. ANY CASE LAW WOULD BE VERY HELPFUL.



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 February 2012

Mr.Sharma,

Though we experts have decided not to answer for the time being. But since the matter seems urgent - In the cases of gang rape i.e those falling u/s 376 (g) or perhaps (f) it is not neccessary for prosecution to actually prove each person doing it. However since there is blatant contradiction inconsistency vis-a-vis 161/164 statements, Case against C becomes weak. 

 

Be Back for a detailed answer some time else.

Till then God Bless you

 

 

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

Anticipatory bail may be granted to C.

tankesh kela (advocate)     16 February 2012

due to the contradictory statement of prosecutrix there is more chances of anticipatory bail of 'C'

Advocate aslam (----)     16 February 2012

1 Like

m.saideswara Rao (Advocate)     25 February 2013

there is possibility to get bail. But way of presentaion very impartne becuase in present days this is a serious offence.


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