S.C. No. 63/10 Fir No. 94/10 State vs . Chandeshwar Thakur 1/38 on 7 September, 2013
13. Place of recording of statement of complainant Akash is
S.C. No. 63/10 FIR No. 94/10 State vs. Chandeshwar Thakur 31/38
also under cloud. In his examination in chief, PW-5 Akash stated that
police met him in Akash Hospital and recorded his statement, which
he had proved as Ex. PW-5/A and on this statement FIR was
recorded. However, in his cross-examination he stated that police did
not record his statement in Akash Hospital. He rather stated that
police recorded his statement on 1.3.2010 in front of his shop and he
could not tell the time when his statement was recorded. In contrast,
PW-9 Ct. Sharan Dutt stated that he alongwith ASI Gopi Chand,
reached Max Hospital where rukka was prepared and handed over to
him. PW-18 SI Gopi Chand also stated that Akash met him in Max
Hospital where he recorded his statement Ex. PW-5/A on which he
prepared rukka. There are thus different versions regarding the place
where the statement of the complainant Akash was recorded - once
he stated that it was recorded in Akash Hospital, then he stated that it
was recorded in front of his shop whereas PW-9 Ct. Sharan Dutt and
PW-18 SI Gopi Chand claimed that it was recorded in Max Hospital.
Thus, the place where statement of complainant Akash was recorded
has not been clarified by the prosecution.