Sec. 164 Cr.P.C.
Querist :
Anonymous
(Querist) 07 November 2010
This query is : Resolved
On the request of the IO/Police, MM/JM recorded statement u/s 164 Cr.P.C. of the minor prosecutrix, who was produced by the accused's counsel in the court after the prolong captivity of more than 45 to 50 days of the accused and his family and then handed over to the IO for investigation. On the same itself, the IO got her medically examined and recorded her statement u/s 164 Cr.P.C. before the Ld. MM, though her farther's cousel requested the Ld. MM not to record her statement as she was under the influence of the accused, still the LD. MM recorded her statement.Whether can the prodsecutrix' frseh/denovo statement u/s 164 Cr.P.C. be recorded by a MM/JM in such circumstances in the same case on the request of the application [duly forwarded by the Ld. APP] filed by the natuaral guardian on behalf of such minor person? Kindly support your answer by supporting the sound reasons, relevant provisions of law/s and judicial precedent on the subject.
Arun Kumar Bhagat
(Expert) 07 November 2010
First you state under which section the case is ? Is it rape, kidnapping or what ?
Raj Kumar Makkad
(Expert) 07 November 2010
As the statement of the prosecutrix has already been recorded under section 164 Cr. PC on the request of IO by Ld. MM, there is no occasion or provision to get it re-record on the request of APP at any later stage. The subsequent statement might be given under further influence of the circumstances and it cn not be relied upon the if any contradiction arises at any later stage, the whole benefit shall be given to the accused.
I think the case is of abduction and rape and the girl might have stated that she wilfully married with the accused and he has not forced her to have sexual relations. Once such statement made, she cannot back out from this statement and if she does so then also, it is of no use.
Arvind Singh Chauhan
(Expert) 07 November 2010
According to me as a witness even child is free to state anything. Though generally application is moved by IO but still she is free to record her statement or deny from recording. Magistrate ought to ask her, whether she is ready to give statement or not. Anybody's permission or consent, even of her guardian has no relevancy.
A. A. JOSE
(Expert) 09 November 2010
I endorse above view of Mr.Makkad.
