Case Note & Summary
The petitioner, Sri. Somangouda S/o Mallangouda Patil, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, Kalaburagi Bench. The petitioner sought quashing of the statement of the victim recorded by the learned Magistrate under Section 164 Cr.P.C. on 17.03.2015 in Crime No.047/2015 (Annexure-D) and the order dated 30.06.2022 passed by the IV Addl. District and Sessions Court, Vijayapura in S.C.No.168/2018 (Annexure-K), and a direction to record the statement of the victim under Section 164(5A) Cr.P.C. by following due procedure. The charge-sheet was filed against the petitioner for offences punishable under Sections 376(l) and 376(n) of the Indian Penal Code, 1860 (IPC) alleging that he committed sexual intercourse on a mentally challenged victim and made her pregnant. The statement of the victim (CW.4) was recorded under Section 164 Cr.P.C. The petitioner contended that the statement was recorded without following the mandatory procedure under Section 164(5A) Cr.P.C., which requires the Magistrate to ensure that the victim is mentally fit and the statement is voluntary. The court heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1 (State). The court observed that the statement of a mentally challenged victim must be recorded with due care and in accordance with Section 164(5A) Cr.P.C. The court found that the Magistrate had not followed the proper procedure, rendering the statement defective. Consequently, the court quashed the statement recorded under Section 164 Cr.P.C. (Annexure-D) and the order dated 30.06.2022 (Annexure-K) and directed the learned Magistrate to record the statement of the victim afresh under Section 164(5A) Cr.P.C. by following the due procedure. The petition was allowed.
Headnote
A) Criminal Procedure Code - Recording of Statement under Section 164 Cr.P.C. - Mentally Challenged Victim - The Magistrate failed to follow the procedure under Section 164(5A) Cr.P.C. while recording the statement of a mentally challenged victim, which is mandatory to ensure the voluntariness and correctness of the statement. The court quashed the statement and directed fresh recording with due procedure. (Paras 2-4)
B) Criminal Procedure Code - Right of Accused - Fair Trial - The accused has a right to a fair trial, and a defective recording of the victim's statement under Section 164 Cr.P.C. can prejudice the accused. The court allowed the petition to ensure a fair trial. (Paras 3-4)
Issue of Consideration
Whether the statement of a mentally challenged victim recorded under Section 164 Cr.P.C. without following proper procedure is liable to be quashed, and whether a fresh statement should be recorded under Section 164(5A) Cr.P.C.
Final Decision
The petition is allowed. The statement of the victim recorded under Section 164 Cr.P.C. (Annexure-D) and the order dated 30.06.2022 (Annexure-K) are quashed. The learned Magistrate is directed to record the statement of the victim afresh under Section 164(5A) Cr.P.C. by following the due procedure.
Law Points
- Section 164 Cr.P.C.
- Section 164(5A) Cr.P.C.
- Statement of mentally challenged victim
- Duty of Magistrate
- Fair trial
- Right of accused
Case Details
2024 LawText (KAR) (11) 4
Writ Petition No.200699 of 2023 (GM-RES)
S. S. Mamadapur (for petitioner), Jamadar Shahabuddin (HCGP for R1)
Sri. Somangouda S/o Mallangouda Patil
State of Karnataka and Ms. Sujatha D/o Bhimappa Devmane
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of a statement recorded under Section 164 Cr.P.C. and an order of the Sessions Court, and direction for fresh recording under Section 164(5A) Cr.P.C.
Remedy Sought
Petitioner sought quashing of the victim's statement recorded under Section 164 Cr.P.C. on 17.03.2015 and the order dated 30.06.2022, and a direction to record the statement under Section 164(5A) Cr.P.C. following due procedure.
Filing Reason
The petitioner was charged with offences under Sections 376(l) and 376(n) IPC for allegedly committing sexual intercourse on a mentally challenged victim and making her pregnant. The victim's statement under Section 164 Cr.P.C. was recorded without following the mandatory procedure under Section 164(5A) Cr.P.C.
Previous Decisions
The statement under Section 164 Cr.P.C. was recorded by JMFC Court, B. Bagewadi on 17.03.2015. The Sessions Court passed an order on 30.06.2022 in S.C.No.168/2018, which the petitioner sought to quash.
Issues
Whether the statement of a mentally challenged victim recorded under Section 164 Cr.P.C. without following the procedure under Section 164(5A) Cr.P.C. is liable to be quashed?
Whether the petitioner is entitled to a direction for fresh recording of the victim's statement under Section 164(5A) Cr.P.C.?
Submissions/Arguments
Petitioner argued that the statement of the mentally challenged victim was recorded without following the mandatory procedure under Section 164(5A) Cr.P.C., which requires the Magistrate to ensure the victim's mental fitness and voluntariness.
State's counsel did not oppose the petition, as the procedure under Section 164(5A) Cr.P.C. was not followed.
Ratio Decidendi
The Magistrate must follow the mandatory procedure under Section 164(5A) Cr.P.C. while recording the statement of a mentally challenged victim to ensure the voluntariness and correctness of the statement. Failure to do so renders the statement defective and liable to be quashed, and a fresh statement must be recorded following due procedure.
Judgment Excerpts
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.
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.
Procedural History
The petitioner was charge-sheeted for offences under Sections 376(l) and 376(n) IPC. The victim's statement was recorded under Section 164 Cr.P.C. by JMFC Court, B. Bagewadi on 17.03.2015. The Sessions Court passed an order on 30.06.2022 in S.C.No.168/2018. The petitioner filed the present writ petition on an unspecified date, and the High Court heard and disposed of it on 23.11.2024.
Acts & Sections
- Code of Criminal Procedure, 1973: 164, 164(5A)
- Indian Penal Code, 1860: 376(l), 376(n)
- Constitution of India: 226, 227
