Prasagraj: Allahabad High Court said that if the rape victim statement was recorded before a judge was different from the versions recorded before the investigation officer (IO), he could not interrogate him again.
Also said that IO could not ask specific questions to Him related to the two different versions provided by him in two statements.
In such situations, IO also cannot record his statement and continue further investigation, the court added.
In this case, the court was heard by the court, prosecutrix / victim after giving a statement below the 161 part of the criminal procedure code (CRPC) before the accusation of the level IO rape against the defendant, had changed its version in the recorded section below.
164 code before the judge.
IO then records the Prosecutrix / Victim statement under Section 161 of the code and asks a specific question to him in connection with the variation in his statement and record the answer to these questions.
Giving this assessment, justice Samit Gopal was observed, “a statement made by the prosecutor / victim under Section 164 of the code before the judge stands on a high base and sanctity during the investigation of his statement recorded in section 161 of the code by the investigative officer.” The court observed, “the act of placing specific questions related to variations in the two statements by investigative officers was seen as clearly challenging the judicial action authorities.
IOS has clearly surpassed jurisdiction to investigate.
In such a way.
The same thing seems to be the single goal to make Frustrating statements recorded by a judge.
“While deciding this specific point in his assessment on October 1, the court directed the DGP to see the new investigation trend and issued suitable guidelines so that the sanctity and authority of the justice process was maintained and they did not need to be frus Trace by any action done during the investigation.
In addition, the court also directs the registrants (compliance) of this court and the advice of the state government to communicate this command to DGP for compliance and actions needed for a month and submit compliance reports in the following time.
Investigation officers cannot question the rape statement given before the judge: Allahabad High Court
