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MOHAMMAD NAWAZ
Somangouda S/O Mallangouda Patil – Appellant
Versus
State Of Karnataka By Managuli P. S. Rep. By Government Advocate – Respondent
ORDER :
Mohammad Nawaz
Petitioner is seeking quashing of the statement of the victim recorded by the learned Magistrate under Section 164 Cr.P.C., vide Annexure-D and the order dated 30.06.2022 passed by the learned Sessions Judge, vide Annexure-K and consequently seeking a direction to record the statement of the victim under Section 164 (5A) Cr.P.C. by following the due procedure.
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent No.1 – State.
3. The charge–sheet is filed against the petitioner for offences punishable under Sections 376 (l) and 376 (n) of IPC alleging that he has committed sexual intercourse on a mentally challenged victim and made her pregnant. The statement of the victim / CW.4 was recorded under Section 164 of Cr.P.C. by the learned Magistrate on 17.03.2015.
4. In the course of trial, when the matter was posted for evidence, as the victim was not in a position to depose, a direction was issued to the Superintendent, Department of Clinical Psychology, Institute of Mental Health and Neuro Sciences, Dharwad, to assess and submit a detailed report regarding the mental condition of the victim. As per report, the vic
Mandatory compliance with Section 164(5A) Cr.P.C. is required for recording statements of mentally disabled individuals; failure to follow this procedure renders the statement inadmissible as examina....
The evidentiary value of a statement under Section 164 Cr.P.C. is limited and is used as an aid during trial.
A trial must adhere to specific protocols when dealing with vulnerable witnesses, such as deaf and dumb individuals, ensuring competent interpretation and proper recording to uphold justice.
The admissibility of statements recorded under Section 164 of the Cr.P.C. as evidence and the conduct of the petitioner's counsel were central legal points established in the judgment.
A victim's statement under Section 164 of the CrPC cannot be recorded without the investigating agency's sponsorship to maintain the integrity of the judicial process.
The main legal point established in the judgment is the right of the victim to have her statement recorded under Section 164 Cr.P.C. without the intervention of the prosecution agency, as per the ame....
Statements under S.164 Cr.P.C. are public documents accessible to entitled parties upon payment.
Statements recorded under Section 164 of the Cr.P.C. are not substantive evidence and can only be used for contradiction or corroboration during cross-examination.
The court emphasized the need for necessary checks and balances in recording statements under section 164 of Cr.P.C. and discouraged the misuse of the law.
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