Rape Accused Cannot File a Complaint Before Trial.

On Thursday, the Supreme Court held that under Section 14 of the Criminal Procedure Code in the case of Rape, it is not right to file a case against the statement made by a woman against an accused lodged by a magistrate unless the trial court has given the charge sheet. Have not taken cognizance of

This rule came at the time of a much talked about the case when former ruling minister Swami Chinmayanand, who was the home minister in the Vajpayee government, was involved in it.

A bench of Justices Vineet Saran, S. Ravindra Bhat, and UU Lalit, who has filed a complaint, rejected the Allahabad High Court’s decision to give a copy of the statement of the girl lodged under Section 164 of CrPC on Chinmayananda, accused of Rape, Who was a law student at a law college managed by an ashram run by a former minister in Shahjahanpur.

The Supreme Court says, “He cannot be called an accused of copies of any related documents under Section 164 of the Code, including the statement from the filing of the charge sheet himself. After the filing of the accused letter, no person is entitled to a copy of the statement recorded under Section 164 of the Code until proper order is passed by the court. ”

Like the case of Hathras, it has attracted a lot of media coverage, after the former minister’s allegations of Rape went viral, that girl ruined the lives of many more girls in the social media post on former minister Chinmayananda. Was accused of doing.

The former minister dismissed the allegation as a strategy to blackmail and retaliate, saying that Rs 5 crore was demanded and threatened that his reputation could be damaged by non-payment of money. is. SC took cognizance of the incident on August 30 last year, the day the girl was traced in Dausa, Rajasthan.

It was ordered by the Supreme Court, that “We are not expressing any opinion about the complaints made by the girl Miss A and the apprehensions that her parents have made.” We want to tell everyone that according to the procedure established in the law, the correctness of apprehensions/complaints should be addressed.

Keeping in view the above things, we direct the Chief Secretary of Uttar Pradesh that a special team should be formed under the supervision of a police officer on the post of Inspector General of Police, thereby assisting a team of police officers and the Superintendent of Police. can be done. The apprehension expressed by Miss A’s parents and the complaint expressed by Miss A may help to investigate.

After investigation, the charge sheet was filed, and soon under Section 164 of CrPC, the accused were sent to the court to supply a copy of the statement of the complainant which was given by the HC to that accused. The victim filed a petition challenging the High Court verdict.

The bench of Justice Lalit said that the Supreme Court for this process clearly mentioned that the statement given by the witness under CrPC section 164 will be handed over to the investigating officer so that anyone before filing the charge sheet can be referred to it. Don’t be told that no one can deny it.

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Anshika Katiyar

Anshika Katiyar


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