Sec. 164 Cr.P.C.
Querist :
Anonymous
(Querist) 07 November 2010
This query is : Resolved
On the request of the IO/Police, MM/JM recorded statement u/s 164 Cr.P.C. of the minor prosecutrix, who was produced by the accused's counsel in the court after the prolong captivity of more than 45 to 50 days of the accused and his family and then handed over to the IO for investigation. IO got her mesdically examined and recorded her statement u/s 164 Cr.P.C. before the Ld. MM, though her farther's cousel requested the Ld. MM not to record her statement as she was under the influence of the accused, still the LD. MM recorded her statement.Whether can the prodsecutrix' frseh/denovo statement u/s 164 Cr.P.C. be recorded by a MM/JM in such circumstances in the same case on the request of the application
[duly forwarded by the Ld. APP] filed by the natuaral guardian on behalf of such minor person? Kindly support your answer by supporting the sound reasons, relevant provisions of law/s and judicial precedent on the subject.
