provision
was inadvertently mentioned as Section 167(5A)(b) of Cr.P.C. instead of
Section 164(5A)(b) of the Code of Criminal Procedure ... being filed
by the police under section 173 of that Code.”
6. A careful reading of Section 164(5A
Section 366 IPC. However, subsequently with the recovery of the
victim, offences under Section 376(2) IPC, and Section 5(k) read
with Section ... 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
Section 164 of Cr.P.C., the amendment has
been brought to Section 164 of Cr.P.C. during 2013 by
inserting sub-section (5A ... trial.
12. On combined reading of Section 35(1) of the
POCSO Act and Section 164(5A
convenience, Section 164(5A)(a) of the Cr.P.C. is quoted herein
below:-
"164(5A) (a) In cases punishable under section
354, section ... section 376,
3 [section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB,] section 376E
or section 509 of the Indian
under Section 164 of the
Cr.P.C.
3. Learned counsel for the petitioner would submit with the
amendment made in Section 164 (5A ... section (2) of section 376,[section 376A, section 376AB, section
376B, section 376C, section 376D, section 376DA, section 376DB],
section 376E or section
CrPC , Section 154(1) proviso 2, (a).
33
CrPC , Section 154(1) proviso 2, (b).
34
CrPC , Section 164 (5A) (a), provisos ... intimate partners; limited availability of accessible shelters for women with
35
CrPC , Section 54A, proviso 1.
36
CrPC , Section 54A, proviso 2.
37
Ministry
Code’) and recording of statements under Section 161 , the law
prescribes that under Section 164(5A) of the Code, for all sexual offences
including crime ... with mala fide
intention dragged the investigation. Their statements under Section
164(5A) of the Code were recorded as late as in December, 2013 after
process
but this kind of process is prohibited/not permitted.
Section 482 , Cr.P.C. no doubt could set right an
24
abuse of process ... ordained by
the statute. As and by way of an example, Section
164(5A) of the Cr.P.C. may be referred
prosecutrix under Section 164 Criminal Procedure Code was not recorded soon after her recovery, as is required under Section 164 (5A)(a) Criminal Procedure Code ... statement of the prosecutrix in her statement recorded under Section 164 Criminal Procedure Code. It is, therefore, apparent that a story has been fabricated
confessional statement recorded or a person covered by provision of section 164(5A) Cr.P.C. Even in the case of a confessional statement ... statement may be recorded under section 164 Cr.P.C. is of persons covered under sub-section 5A of that section. Clearly, such
