Rajasthan High Court - Jaipur
Mankori Devi vs State Of Rajasthan And Ors on 9 February, 2017
Author: Sabina
Bench: Sabina
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN
BENCH AT JAIPUR
S.B.Cr. Misc. Petition No. 497/2017.
Mankori Devi Wife of Shri Rameshwar Lal, by Caste
Jat,, R/o Brajlalpura, Police Station Chirawa, District
Jhunjhunu.
Versus
1. State of Rajasthan Through P.P.
2. Director General of Police, Rajasthan, Jaipur.
3. Superintendent of Police, Jhunjhunu, District
Jhunjhunu.
4. Station House Officer, Police Station Chirawa,
District Jhunjhunu.
5. Investigating Officer, Police Station Chirawa, District
Jhunjhunu.
6. Suresh Son of Sher Singh,, R/o Brajlalpura, Police
Station Chirawa, District Jhunjhunu.
****
For Petitioner(s) : Shri Amitabh Vijaywargia For State : Ms. Meenakshi Pareek, P.P. **** HON'BLE MRS. JUSTICE SABINA Order 9/2/2017 Petitioner has filed this petition under Section 482 Code of Criminal Procedure 1973 (hereinafter referred to as 'Cr.P.C.'), challenging the order dated 3.1.2017, whereby request of the petitioner for recording her statement under Section 164 Cr.P.C. was dismissed.
2
Learned senior counsel for the petitioners has submitted that as per amended provision of Section 164(5A)(a), a Magistrate was required to record the statement of the victim relating to offence under Section 354, 354A, 354B, 354C and 354D.
Section 164(5A)(a) Cr.P.C. reads as under :-
"164(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 videographed."
Thus, as per the above provision recording of the statement of the prosecutrix by the Magistrate is mandatory. In these circumstances, the learned Magistrate erred in dismissing the application moved by the petitioner for recording of her statement under Section 164 Cr.P.C.
3
Accordingly, this petition is allowed. Impugned order dated 3.1.2017 is set aside. Consequently, application moved by the prosecutrix for recording of her statement under Section 164 Cr.P.C. is allowed.
(SABINA)J. Mrg.