The recorded statement under Section 164 Cr.P.C. carries greater evidential weight than one under Section 161, and a Magistrate can lawfully accept a closure report when supported by credible evidence.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Instant Criminal Revision has been preferred against the order dated 04.08.2023 passed by learned Judicial Magistrate IIIrd Saharanpur on Misc. Application No.02 of 2022 Abbas Vs. Taushif , whereby the protest petition filed by the revisionist against final (closure) report submitted by the police after investigation in Case Crime No.17 of 2021, under Section 366 and 376 IPC has been dismissed and final report has been accepted.

2. Heard Sri S.K. Srivastava, learned counsel for the revisionists, Sri Shivam Tiwari, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

3. The factual matrix of the case in brief are that the informant Abbas lodged an FIR at P.S. Gagalhedi, District Saharanpur on 14.01.2021 under Section 3 63 IPC against one Taushif with averments that on 09.01.2021 his minor daughter aged around 14 years was enticed away by accused Taushif son of Hazi Julfan, his daughter is student of class IXth. He has been searching for his daughter for three days and now he came to know that Taushif had kidnapped his minor daughter by enticing and taking her away. The informant came to the place of Hazi Julfan, the father of Taushif, where his father and family members misbehaved and threatened him that his daughter will not be handed over to him. In the transfer certificate of class IXth of the victim issued by Siyaram Intermediate College, Gagalhedi, Saharanpur, her date of birth is recorded as 30.06.2006 and accordingly she was of fourteen and half years of age on the date of incident and minor, the victim was recovered by police on 15.01.2021 at 10:30 am. As per G.D. Report No.17 dated 10.10.2021 time 10:30 hours, P.S. Gagalhedi Saharanpur, at the time of her recovery, effected on secret information she was found in the company of a boy on Rana Steel Trisection. However, her companion could not be caught and he fled away from the spot on noticing the police team. The statement of the victim was recorded on the same day under Section 161 Cr.P.C., wherein she stated that she studied in Class IXth at Siyaram Intermediate College. Vasim and Taushif called her and took her near the shop, they got her sniffed some substance, whereupon she got unconscious and when she regain her consciousness, she found her in Dehradoon in a room where Farman, Danish, Wasim, Taushif and their sister Tasmini met her in the room. Farman, Wasim, Taushif and Danish committed rape on her and when she requested them to arrange a call from her family members, they threatened her with life. They took her at Sikandarpur and they stayed at the house Kuban, they took her from there to Sansarpur where she was confined for four days. She requested the police to inform her family members so that they could visit her in the police station. She was present before lady doctor Dr. Deepika for her medico legal examination, but she refused to get herself examined and stated that there was no pressure on her. The informant Abbas reiterated his FIR version in his first statement under Section 161 Cr.P.C., but after recording of the statement of victim under Section 161 Cr.P.C. he filed affidavit before SSP Meerut together with Abdul Rahman his brother in-law in the light of the statement of victim under Section 164 Cr.P.C.

4. The statement of the victim was recorded by Magistrate under Section 164 Cr.P.C. which has been copied in case diary Parcha No.7 dated 01.02.2021, wherein she did vol