..... – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging Annexure A3 order in CMP No. 144/2022 in S.C. No. 62/2023 dated 22.01.2024 whereby the learned Special Judge under the Protection of Children from Sexual Offences Act, Ernakulam negated the prayer for getting legible copy of 164 statement filed along with the final report, since illegible copy of the same was served upon the accused. The petitioner is the accused in this case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.
3. On perusal of the copy of the 164 statement produced along with the Crl. M.C. and the order impugned, it is discernible that there is difficulty to read and understand the contents in the copy of 164 statement properly.
4. A bare perusal of the order dated 22.01.2024, whereby the learned Special Judge dismissed the application for issuance of legible copy of 164 statement of the victim, would show that the learned Special Judge found on fact that it was difficult to read and understand each and every sentence properly. The learned Special Judge further observed that in such circumstances, the only cour
The accused has a statutory right to a legible copy of the 164 statement for effective cross-examination, ensuring the right to a fair trial.
Statements under S.164 Cr.P.C. are public documents accessible to entitled parties upon payment.
The main legal point established in the judgment is that statutory provisions and directions issued by the Supreme Court provide adequate safeguards to protect the interests of victims of sexual offe....
In eye of law, every person has a right to inspect public documents, provided he shows that he is individually interested in them.
A defacto complainant is entitled to access their statement recorded under Section 164 Cr.P.C. after the investigation concludes and a final report is filed.
The evidentiary value of a statement under Section 164 Cr.P.C. is limited and is used as an aid during trial.
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....
An accused's right to receive a legible copy of the charge-sheet is a fundamental right, essential for ensuring fair trial rights and the ability to prepare an adequate defense.
Accused have the right to access a transcript of the victim's Audio/Video Recorded Statement to ensure a fair trial and effective defense.
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.
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