Explore a recent legal case where the Court delves into the importance of maintaining confidentiality in cases of sexual exploitation and the procedural aspects of providing certified copies of victims’ statements. This case underscores the need for strict adherence to legal guidelines to protect the rights and privacy of victims in the justice system.
Facts
- An appeal was made regarding an order passed by the High Court in Criminal Miscellaneous Application No.39538 of 2019.
- The father of the Appellant lodged a Complaint stating the Appellant was in danger after making allegations on Facebook regarding sexual exploitation by Respondent No.2.
- A cross FIR was registered based on a complaint by Mr. Om Singh threatening harm to Respondent No.2’s reputation unless money was paid.
- Two FIRs were lodged – one by the father of the Appellant and another based on the threat complaint.
- A Suo Motu Writ Petition (Crl.) No 2 of 2019 was registered in the Court regarding the situation.
- A Special Team was ordered by the Chief Secretary, State of Uttar Pradesh to investigate the grievances and the apprehensions expressed by Miss ‘A’ and her parents.
- FIR No.0445 against the management of the Institution was registered under Sections 364 and 506 IPC based on the complaint by the father of Miss ‘A’.
- A Special Investigation Team (SIT) was set up to investigate the case.
- The statement of the Appellant was recorded on 16.09.2019 by a Judicial Magistrate under Section 164 of the Code of Criminal Procedure.
- An application was filed by the Appellant on 17.09.2019, citing certain lapses during the recording of her statement under Section 164 of the Code.
- On 17.09.2019, Respondent No.2 also filed an application seeking a certified copy of the statement of the Appellant under Section 164 of the Code.
- The application for the certified copy was rejected by the Additional District and Sessions Judge, Shahjahanpur, on 19.09.2019.
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Analysis
- The Division Bench of the High Court in Raju Janki Yadav vs. State of U.P. laid down the correct law regarding providing a certified copy of the statement of the victim recorded under Section 164 Cr.P.C.
- The trial court violated its duty by not providing a certified copy of the victim’s statement to the applicant.
- The impugned order was set aside, directing the trial court to provide the certified copy of the victim’s statement upon payment of usual charges.
- The decision in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna was relied upon in this context.
- Confidentiality is crucial in cases involving sexual exploitation to protect the victim and key witnesses.
- The accused is not entitled to a copy of the Section 164 statement until after the charge-sheet is filed.
- The directions issued by the Court emphasize the importance of fast-track procedures for rape cases.
- Statements under Section 164 should be recorded by a Lady Judicial Magistrate to ensure proper handling.
- The accused’s right to receive a copy of the Section 164 statement arises after cognizance is taken.
- The investigating officer must take the victim to the nearest Lady Metropolitan or preferably Lady Judicial Magistrate.
- Any concerned person can obtain a copy of the victim’s statement under Section 164 Cr.P.C. by paying the applicable costs.
- The investigating officer must record the date and time when they learned about the rape offence and when they took the victim to the designated Magistrate.
- The decision of the Division Bench of the High Court is subject to the directions issued by the Court in Shivanna.
- The appeal is allowed, and the order of the High Court is set aside.
- Copies of statements recorded under Section 164 of the Code cannot be furnished until appropriate orders are passed by the Court after taking cognizance in the matter.
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Case Title: MISS A Vs. THE STATE OF UTTAR PRADESH (2020 INSC 580)
Case Number: Crl.A. No.-000659-000659 / 2020
