Danish Bibi vs Ut Of J&K And Others
2021 Latest Caselaw 121 j&K

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                               HIGH COURT OF JAMMU AND KASHMIR
                                          AT JAMMU


                                                            WP(C) No. 236/2021

           Danish Bibi                                                      ....Petitioner(s)

                                  Through :- Mr. Arjun Singh Pathania, Advocate.
                                 V/s
           UT of J&K and others                                           ....Respondent(s)
                                  Through :-

           Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                                  ORDER

16.02.2021

1. Based upon the complaint filed by the petitioner, FIR bearing No.

05/2021 was registered with Police Station, Majalta under Section 376

and 354 IPC. Statement of the petitioner was also recorded under

Section 164 of the CrPC. However, in the present petition, the prayer

made by the petitioner is that the statement earlier made and recorded

was under duress and coercion and was not voluntary. She, therefore,

seeks an appropriate direction from this court, directing the respondents

to record her statement afresh with a view to prevent any prejudice to any

of the persons figuring as accused in the FIR.

2. Reliance is also placed upon a judgment and order dated 13.9.2019

passed by this court in the case of Shamim Akhter vs. State of J&K &

ors.

3. Following the ratio of the aforementioned judgment, this petition is

disposed of with liberty to the Investigating Officer that in case, in his

opinion, based upon the evidence and material collected by him during NARESH KUMAR 2021.02.17 17:22 investigation, the statement of the prosecutrix is to be got re-recorded, I attest to the accuracy and integrity of this document then appropriate decision in that regard may be taken only if it is so

warranted.

4. Connected application(s) also stands disposed of accordingly.

(Dhiraj Singh Thakur) Judge JAMMU 16.02.2021 (NARESH)

NARESH KUMAR 2021.02.17 17:22 I attest to the accuracy and integrity of this document