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johan   23 January 2017

164 statement of victim in molestation case

My aunt was assaulted in my house by 2 men and a FIR was registered at Surathkal Police Station u/s 448, 354,323,504,506 3 months ago. She was taken to a hospital for record of her injuries. Since the past 3 months police have not taken her to the magistrate to record her statement u/s 164 CrPC nor have they recorded any witness statements.  They have said they dont need 164 statement of victim. Is this true? In their reply to my RTI They have also said that they have not recived wound certificate from hospital and will file a closure report.

what action can be taken against the police for not following due procedure in a s*xual assault case?



Learning

 8 Replies

laxmi kant joshi (instructor)     23 January 2017

If assaulted took place in the premises of your home and you have the evidences of that then asked the police to add one more section 452 ipc in your complaint , if police is not taking any action then move to the S.P police of your area and give an application to him and request made on it that he give an order to the sho for fast action in regarding your case if he too not take action then engage a lawyer for you and and made a private complaint in the court and request the court to order the police to take immediate action against the culprits.
1 Like

advocate praveen (prop.)     23 January 2017

Dear Johan,

Joshi ji, give well answered.  I will add littel bit, if no one response your complaint file an application before the Magistrate and call th status report from the IO and also request to file your statement.

regard

 

Pawan S (06292021602) (Advocate)     23 January 2017

I agree with my peers.

These are the cognizable offence.

If the officer in charge refuses to record information in relation to a cognizable offence, then follow the below steps.

  

1.  If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

 

2.  The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.

  

3. Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. 

1 Like

johan   23 January 2017

But is Statement of victim u/s 164 CrPC compulsory in cases of molestation?? 

Pawan S (06292021602) (Advocate)     23 January 2017

As per i concern, Section164 CRPC is not compulsory in every cases. Specifically, it is not compulsory in cases of molestation.

Please Note : I am not so sure. Other experts can confirm this.

advocate praveen (prop.)     24 January 2017

In molestation matter, it is neccessary 164 statement

 

Pawan S (06292021602) (Advocate)     24 January 2017

Originally posted by : advocate praveen
In molestation matter, it is neccessary 164 statement

 

Praveen, Is there any way to identify, where (i.e, in which cases) 164 statement is necessary and where not?

ajmersingh   30 January 2017

Any statement (other than a confession) made under Sub-Section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.(5A)1 —

  1. 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, 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 video graphed.

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