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50. PW-20 C. Rakesh Kumar took the case property, which was handed over to him, by MHC on 03.05.2018 vide RC No. 42/21, Ex. PW-18/E and deposited the same with SFSL, Junga.
51. PW-21 S.I. Trilochan Singh prepared the supplementary challan after receipt of DNA report Ext. PW-8/D on 10.01.2019. This witness has explained, in the cross-
examination, as to why the statement of the child victim was not recorded under Section 161 or 164 Cr.P.C., by stating that .
this fact has been recorded in the report, under Section 173(2) Cr.P.C., that the child victim was too young. However, this witness has not made efforts to record the statement of the child victim with the help of Psychiatrist.
52. PW-22 C. Dinesh Kumar brought back the case property from FSL, Junga on 03.01.2019.
53. PW-23 Sheetal Sharma, the then, Additional Chief Judicial Magistrate, Dehra deposed that on 11.05.2018, police moved an application, Ext. PW-23/A, for recording the statement of the child victim, however, keeping in view the age of the child victim, the same could not be recorded, on the same day. PW-4 was produced before this witness by the police for the purpose of recording his statement, under Section 164 Cr.P.C. Consequently, this witness has recorded the statement of the PW-4 Ext. PW-4/B and this witness has passed the order Ext. PW-23/D.
65. PW-24 and PW-25 are the Investigating Officers of the case. PW-24 had registered the FIR on the receipt of application Ext. PW-1/A. Thereafter, the child victim was sent for medico legal examination at CHC, Dehra, by moving application Ext. PW-8/A. On 26.02.2018, the accused was arrested and sent for medical examination.
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66. In the cross-examination, this witness has admitted that he had not recorded the statement of the child victim or her parents. This witness has also not inquired from the mother as to who had written the application Ext. PW-1/A. As per this witness, the contents of the application were not read over to the complainant, but has qualified his statement by stating that the application was brought by the complainant herself.
This witness has admitted that the child victim was not produced before the Magistrate from 25.02.2018 till 13.03.2018.
67. PW-25 SI Kushal Kumar deposed that the file was handed over to him on 27.02.2018 for investigation. He has seized the motorcycle No. HP-83-4189, vide seizure memo Ext.
PW-7/A. By moving application Ext. PW-9/A, the birth certificate of the child victim was obtained. The statement of PW-4 was videographed by producing her before the Magistrate and proved the DVD Ext. PW-25/A-3. On 27.02.2018, this witness moved the application Ext. PW-25/B for recording statement of the child victim, as well as, her mother, under Section 164 Cr.P.C. The statement of the complainant was recorded under Section 164 Cr.P.C., however, the statement of the child victim could not be recorded.