Civil Procedure Code (CPC)

Can complainant change sections after io filing chargesheet


Dear experts,

Chargesheet already filed under 417/420. False promise of marriage 

We heard that the other party i.e girl who is complainant has submitted a paper to SP as well as presiding Judge to change the sections to 375/376/417 under nirbhaya act <I guess nirbhaya act is for 'actual' rape victims. But her advocate typed this name in specific in the paper submitted>

===> Can the change of sections be done? The chargesheet is already filed.

The girl has sent a message to the guy very recently calling him of abusive words, <<something similar to bas****>>She has also mentioned if he is a legitimate son of her father, come to court etc. 

===> << I am just mentioning them to know if they can be used against her. >> Can they be used against her in any way.???

===> Our advocate advised us that we will get the stay first and then when stay gets vacated we can go for quash. But my friends and i feel that its better to get rid of this false case by contesting it. Some day or the other he has to contest it. Promise was never ever made as she stated in FIR. Also, almost total FIR has false info. 

Is there a way we can pray for video conferencing and attending the case. !!!? Any citations and judgements to support this petition!!

Thanks,

 
Reply   
 
Advocate,9444674980

Yes it is possible to add new charges, even at this stage.

 
Reply   
 


Advocate

1.  I am absolutely baffled.

2.  There  is no any "Nirbhaya Act".  Legally, it is known, criminal law amendment Act 2013.

3.  Whether the alleged offence, according to the complainant happend after 1st of April, 2013, then only above Act is applicable.

4.  coming to your main question, go through the complaint given by the complainant thoroughly,then FIR and see whether there is any scope for Section 376 IPC.  If she did not allege any such physical act, she cannot now at this stage seek for addition of such serious section.  If her complaint indicates such offence and the I.O. has not taken to get her examined  for any medical evidence and forensic evidence, then there is a lapse and the complainant has got a right for addition of such section.  But it should be supported by the investigation material collected during the investigation. 

5.  I completely support your line of thinking that going for trial is better than going for quash, as in criminal cases quash is somewhat difficult proposition and there are a large number of cases  in criminal jurisprudence in which a girl alleges that boy promised to marry and taken advantage of physical intimacy.  Most of the cases had gone in favour of accused.

 
Reply   
 

@Adv Raghavan Sir:

Thanks for the reply.

She has not added any new charges as such. She has filed a petition to add new sections. She requested SP and presiding judge to add 375, 376 and also 509 besides 420/417<which are already mentioned in chargesheet> for A2 and also A3 who are parents of A1. Names of A2 and A3 were taken off the case by police after investigation. She has just mentioned that A2 and A3 did not agree for the marriage because its intercaste. No other allegations. But she wants their names to be included under above heinous sections as well. 

 

@Chandrasekhar Sir: 

Yes Sir. Our law has given respect and safety to women. But a few like this are misusing it. 

In her allegations, she has not mentioned anything like rape or anything similar. She even mentioned that she used to go to his room by herself. But she wants heinous sections to be added to drag A1 to India and place immense pressure on him and she feels that it can mend him to do what she asks him for. Extortion. 

She already did try immensely filing papers to A1s employer asking them to throw out of company and also A2's superiors asking them to have a inter-departmental enquiry on her based on this case on her. <A2 is a govt employee and i still dont understand what is that department has to do in this. >. 

We are just unable to stop all her misdeeds and kept quiet. We do not want to indulge in another case by filing cases on that women. But crossing limits is a small word to describe her actions. 

A1 is employed abroad and he has hard earned it. He has to earn his livelihood and take care of his responsibilities by earning money for his sisters future. He do not want to come back right away. If there is a chance to contest the case through video conferencing, he is very much willing to do so. 

Sir i guess you practice in AP highcourt. please confirm. 

Thanks,

 
Reply   
 
Advocate

As far as inserting or omitting new sections, neither the police or the complainant can not dominate the court. They may pray to the court or for that matter to any other authority, but that is within the domain of the court whether to add or delete any sections of law in the complaint.
 
Reply   
 

@N.K Assumi Sir: Thank you. But, under what circumstances court can add sections?

 
Reply   
 

I have read some case of 304B and 498A . At the end of case while prnouncing judgement .

Judge acquited the accused in 304B , but held him guilty under 306.

So , If court/Judge is convinced that section is applicable , then court can add section at any time.

 
Reply   
 

@AS: Yes after the trial, i understand addition of sections. But even before the trail started, and after the chargesheet submitted by IO, complainant filed a petition asking them to add 3 sections to the case, just like that.. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x