1. - The lawyers are stated to be on indefinite strike.

2. Perused the contents of the instant petition.

3. Instant petition has been preferred under Section 482 Cr.P.C. by the rape victim/complainant-petitioner praying interalia that the investigation be changed and a further direction be issued to the Investigating Officer to conduct fair, proper, impartial and expeditious investigation in a case arising out of F.I.R. bearing No.226/2014, registered at Police Station, Kathumar, District Alwar for offences punishable under Sections 376, 323 and 451 I.P.C.

4. In the present case, the statement of complainant/ prosecutrix has already been recorded by the Court of concerned Magistrate under Section 164 Cr.P.C.

5. Proviso to Section 161 (3) Cr.P.C. reads as under:-

"[Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer]".

6. Furthermore, under Section 164 (5A) (a) Cr.P.C., it has been specified that statement of victim is to be recorded by the Judicial Magistrate.Section 164 (5A) (a) Cr.P.C. reads as under:-

"(5A)(a) In cases punishable under Section 354, Section 354A, Section 354B, Section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, Section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police;

Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement;

Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video-graphed;"

7. Under Section 164-A, Cr.P.C. Medical examination of the victim of rape is to be conducted as per procedure prescribed. The above amendments in the Code of Criminal Procedure have been introduced with an object that the investigation in case of rape should be conducted with all due sensitivity.

8. In the facts and circumstances of the present case, Superintendent of Police, Alwar is directed to assign investigation of the present case to a Gazetted Woman Police Officer. The said Gazetted Woman Police Officer shall act fairly and impartially in the matter and shall submit the report of investigation alongwith her opinion in the Court of competent jurisdiction within two months from the date of assignment of the investigation by Superintendent of Police, Alwar, in case investigation has not been concluded till today.

9. In view of directions issued herein above, the present petition stands disposed of.

10. Upon disposal of main petition, the stay application, filed therewith, does not survive; the same is also disposed of.Petition Disposed of as above.

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