Prasagraj: Allahabad High Court has stated that once the victims / prosecutrix in rape cases have recorded his statement before the judge and different from his statement noted before the investigation officer (IO), IO could not interrogate him again and put it specifically the question for him relating to the two different versions given by him in two statements.
In such situations, IO also cannot record his statement and continue further investigation, the court added.
In matters in the hands, prosecutrix / victim after giving his statement below part 161 from the criminal procedure code (CRPC) before the accusation of leveling IO rape against the defendant, it has changed his version later in his statement recorded below part 164 from the 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 authority of the judicial action.
The iOS clearly exceeded their jurisdiction with the process to investigate in such a way.
The same thing seems to be a single goal frustrated the statement 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 a suitable guideline so that the sanctity and authority of the justice process was maintained and they had not I need to be frustrated 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, upwards, Lucknow for its compliance and the necessary actions within a month and submit compliance reports within one week and submit compliance reports within one week.
then.
Investigation officers cannot question victims of rape after his statement to Magistrate: Allahabad HC
