Case Note & Summary
The case involved criminal appeals arising from the High Court's orders that quashed a charge-sheet and deemed the victim's statement as non-est. The appeals were filed by Mukhtiar Singh against the State of Uttar Pradesh and others. The background of the case included a First Information Report filed on 16th November 2002 for offences under Sections 363, 366, and 376 of the Indian Penal Code, 1860. The victim, Mamta, was recovered on 25th December 2002, and her statement was recorded under Section 161 of the Code of Criminal Procedure, 1973, naming additional accused. The informant sought to record the victim's statement under Section 164, but the Magistrate rejected the request after the police submitted a charge-sheet on 13th January 2003. The High Court later allowed the informant's petition, directing the recording of the victim's statement, which was complied with on 17th February 2003. The CB-CID subsequently filed a charge-sheet on 28th October 2003, which was challenged by the accused through petitions under Section 482. The Supreme Court found that the Magistrate should have prioritized the victim's statement recording over the charge-sheet submission. The Court set aside the High Court's orders, directing the Magistrate to consider the recorded statement along with the charge-sheet and proceed according to law, clarifying that no opinion was expressed on the broader question of recording statements post charge-sheet submission. The judgment was delivered on 21st October 2008.
Headnote
A) Criminal Procedure - Recording of Victim's Statement - High Court's Quashing of Charge-Sheet - Code of Criminal Procedure, 1973, Section 164 - The High Court allowed petitions under Section 482 and quashed the charge-sheet, deeming the victim's statement non-est. The Supreme Court held that the learned Magistrate should have directed the recording of the victim's statement despite the charge-sheet submission, as the informant's application was delayed by the police. Held that the High Court's orders were set aside (Paras 3-4).
Issue of Consideration
Whether the High Court erred in quashing the charge-sheet and deeming the victim's statement as non-est.
Final Decision
The Supreme Court allowed the criminal appeals, set aside the High Court's orders, and directed the learned Magistrate to consider the victim's statement recorded under Section 164 along with the charge-sheet.
Law Points
- Section 164 Code of Criminal Procedure
- 1973
- Section 482 Code of Criminal Procedure
- Sections 363
- 366
- 376 Indian Penal Code
- 1860
