Section 164 CRPC misused for a false rape case?

[Ramesh]

Hello Lawyers,

I met her in a brothel. She befriended me. I used to visit her once in a month and pay her money. After a year later she proposed to me and got engaged to me. After that she continually emotionally blackmailed me into paying money to her every month, postponed marriage forever, giving reason that she needs to be an actress and till then she wont marry me.

After 22 months of financial support, I asked her to marry me now or leave me. She filed a rape complaint on me.

I have transferred money to her account every month via NEFT. We made a house in both of our names.

In her complaint to police, she mentioned that from date xx-xx-xxxx to yy-yy-yyyy I raped her in the house X. The house X is rented by both of us together and the rental agreement contains both of our names as tenants. She also didnt mention that we were/are engaged. She mentioned that I sexually raped her on the false promise of marriage. She also mentioned that I showed knife to her and recorded her blue film, and used the blue film to threaten her to have sexual intercourse with me every week or so.

We got bail after producing relevant documents and proofs (engagement photos, videos, bank statements). She studied the points in the bail application and changed her statement via 164. She gave a very generic complaint (escaping statements) trying to negate the proofs that we have collected.
Summary of her new statement in front of magistrate is : “We met, he proposed me, I rejected, he forcefully engaged to me. He raped me”!

1. Is it not doubtful that she is changing her statements after bail ? Is it possible for to misuse law (section 164) like that ?

2. Currently the police wants to submit the charge sheet even before getting FSL report match test. They are saying in her medical exam, it is written that she has recently involved in sexual intercourse”. He is saying this is sufficient !! She could have had sex with anyone ! Can police do this ?

3. Can I submit private complaint against her after charge sheet is submitted ? The police intimidated me and didn’t allow me to file counter complaint.

4. The police are saying they will close the private complaint’s FIR by pointing it to the existing 376 case. Can they do that ? She has stolen my marriage jewellery and engagement rings etc that’s why I want to submit a private complaint.

5. The police are not ready to return 4 smartphones each worth 50 thousand Rs. They have not found any blue film of her on it. They have not done panchnama. They just entered my house like goons and took them. It has been 1 year, they should have been done with the smartphones. How to get it back ? Can I mention in Private Complaint and hope that Magistrate will take care of it. What are my chances of getting my phones if I complaint against police to Magistrate?

Thanks In Advance…

[Ramesh]

She has bankrupted me, mentally harassed me. I lost my job because of her harassment.
After the complaint I lost my dignity in front of all my friends. I barely escaped all night thrashing by police as they purposefully arrested me on the evening so that they can work and commit me to jail next day evening.

My goal now is to provide enough proofs so that Magistrate can issue a 211 case on on.

Just 8 months before complaining on me, she complained on another guy but in a different way.
After staying in our house for 2-3 months, she said she wont live with me till I arrange money for her course and said she will stay in a PG. Then she went and stayed with a guy.
After staying 3 months with him, she filed a complaint on him:
“I met him via mutual friend. We are in living relationship and having sex with mutual consent. But he is not ready to marry me. So please call my friend xyz to station and advice him. We have decided to resolve this issue between our lawyers but I thought I should inform this to the police station.”
This NCR is filed on date 3-xx-yyyy.
His reply letter was “The matter here is sex that we had. I will marry her infront of our lawyers to resolve this matter”.

However, her lawyer sent her an email, which contained the complaint on that guy. This was sent to her 2 days before the NCR, i.e, on 1-xx-yyyy.
This complaint is “I met him via some friend. He proposed. I asked him to marry me immediately. He called me to his house, drugged me and raped me. He made a blue film of me. He threatened to show it to friends and in youtube. Raped me once in every week. Now he is not ready to marry me after living together from past 3 months”

I believe she showed this email complaint to him, extorted large amount of money and then filed a simple NCR so that he is safe from future rape complaints from her.
She tried to do the same with me by filing NCR first and demanded 25lakhs. It failed, So she filed a rape complaint.

I have her email account. Because I created the email account for her and I was the backup email account for her account. After seeing this email I kept her email account. The lawyer has sent the email via his Company email ID. One of the lawyer in the CC list has vouched for her in the NCR that he will make sure that she gets married to that man.

I also have the NCR which I got via RTI. and I got the RTI confirmation from Marriage registration Public Information officer that they didnt get married (registered married).

How I can use this information in my case ?

Basically it is her buissness to cheat men by having fake relationship with them, file NCR, extort money from them.

Please provide your opinions
Thanks in Advance
Ramesh

[Dr. Ashok Dhamija]

(1) It is not uncommon to see a person changing his or her statement and giving a false statement under Section 164 Cr.P.C. However, there are consequences of such action, such as that her statement will become less reliable and less trustworthy; likewise, perjury offence can be made out against her for a false statement.

(2) You cannot stop police from filing a defective or hasty charge sheet, but you can definitely challenge that and apply for discharge. A defective charge sheet may rather help you to get discharge from the case.

(3) You can always file a private complaint against a person if you have sufficient material for doing so. Police cannot stop you from doing this. In any case, private complaint is filed not with police but with court. Of course, you may first try to file an FIR with police, if they don’t register your FIR, then file a private complaint in court.

(4) Police will not have any control over a private complaint filed in court. So, have no worry for that issue.

(5) You may complain to the senior police officers about the mobile phones and if need be, file a complaint with the court. If the mobile phones are shown in the seizure list by police in the case against you, then you may have to file an application under Section 457 Cr.P.C. before the court to get the phones back.

Whatever else is written by you in your question(s), can be used by you as your evidence in defence, for the purposes of getting discharge from the case or during the trial of the case, as the case may be. You may also use such evidence for filing complaint against her or other responsible persons, if any. Whatever information has been obtained by you through RTI, etc., may be used as your evidence.

It is not possible for me to give guidance on the detailed facts of your case in the absence of having seen the same. Please show all relevant documents and other records to some good lawyer at the place where you live and consult him.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ramesh]

Thank you Ashok sir for taking time to read my post and helping me with valuable suggestions.

I just want to reconfirm again on only one point : Can I put private complaint on the woman (Complainant) after police submits their chargesheet on 376 case ? Would it be considered as “why didnt he put the private case earlier, he waited for chargesheet to get submitted?” Will this (submitting complaint after chargesheet) have any legal implication on my private complaint and its investigation ?

Thanks in advance
Ramesh

[Dr. Ashok Dhamija]

There is no legal prohibition on filing a private complaint against her after charge sheet is filed in her complaint / FIR. Of course, it will be doubted as to why did you not file it earlier. But, other than this doubt, if you have solid proof against her in your complaint which cannot be refuted, then your complaint will be decided on its own merits. In any given case, there are always two sides. Similarly, in your complaint also, the above-mentioned doubt will be there and in addition the opposite may have some other evidence also. But, ultimately, if you have solid evidence in your favour, your complaint can be decided on its own merits despite the above doubt.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ramesh]

Thank you Ashok Sir for your valuable replies.

I couldn’t tell some points in previous posts.

Two months back when I went to station, (after visiting DCP of our area) one of staff after hearing me, told me that “That girl lives in nearby area only. She was playing with kids , some shettle cock game” That address is same as one provided in complaint.
The police stalled me for two months to give a date to explain things in detail to PI. Finally when I recently visited them, they said, she has vacated the house and the mobile number is also not reachable. we are trying to contact her to ask for proofs, but since she is not contactable, we are submitting the charge sheet. PI also didn’t show any interest in listening to me. Basically I feel they were stalling me for time.

They also forged documents for fake panchnama. They showed me. Also even after senior police officials instructions to help me as legally married possible, they didn’t return the phones, didn’t give the copy of rental agreement copy (RTI request rejected). They said can’t give as investigation is going on! (My own rental agreement that they took from my house!, they also took all xerox copies). However they are producing original rental agreement as part of charge sheet.

I suspect police might have taken money from her and might have recommended her to relocate outside of state or outside India. Because first time when I visited station, she was in that location but two months later she is not !

Sir, if she’s working outside of state will court and police catch her based on my private complaint based on its merits?

If she has gone to Singapore, Dubai or Bangladesh for work or permanent relocation, will court and police get her back to investigate for my private complaint ?

Also if she was a no show for existing false rape case can I request magistrate to instruct her to attend, in case she has run away instruct police to find her ? As my goal is to send her to prison on 211 section mainly as she shouldn’t cheat anyone else.

Can I request magistrate to halt this false rape case proceedings till she comes to court, after furnishing my proofs ?

Thanks and Best Regards
Ramesh

[Ramesh]

sir by mistake I mentioned as “as legally married possible”. Please read it as “as legally possible”

Thanks in Advance
Ramesh

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