"Present petitioner has already been examined in the (FIR lodged on January 19) case by the investigating officer and her statement under section 164 of CrPC has also been recorded on January 21. Hence, no fresh FIR was registered as the matter pertains to the same incident in which the case has been registered," the reply filed by Deputy Commissioner of Police (DCP) BS Jaiswal said. The DCP's report was vehemently opposed by the Ugandan woman's counsel Rakesh Sherawat saying the "incident is common but the complainant is also a victim in the incident and she was also molested by few people out of the group of 10 and hence the offence on her body was committed separately".
"I will pass the order on Wednesday," the judge said, after both police and the complainant's counsel submitted their reply, as sought by it on January 25. The second woman had claimed that the group had forcibly held her arm and taken her out of the house along with her sisters who reside with her. Arguing that the DCP's reply should be rejected, the woman's counsel contended that according to the police, the complainant has been treated only as a witness and not as a victim.
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