Mukesh Sharma S/O Radheyshyam ... vs State Of Rajasthan
2021 Latest Caselaw 4161 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4476/2020

Mukesh Sharma S/o Radheyshyam Sharma
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan
                                                                 ----Respondent

For Petitioner(s) : Mr. Umashanker Pandey with Mr. Rajeev Kumar Sharma For Respondent(s) : Mr. Arvind Kumar, PP Mr. Ravindra Singh Shekhawat

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

31/08/2021

Learned counsel for the petitioner submits that the victim, in

this case, is a minor girl whose statement under Section 164

Cr.P.C. was recorded initially under the influence of the accused

persons. The medical examination conducted afterwards

corroborates the fact of sexual intercourse with the minor girl,

therefore, in the interest of justice, statement of the victim should

be recorded afresh under Section 164 Cr.P.C.

Mr. Ravindra Singh Shekhawat, learned counsel has entered

appearance on behalf of the accused persons who submits that

the statement under Section 164 Cr.P.C. cannot be recorded

twice. He has placed reliance on the following judgments- Criminal

Appeal No. 735/1999 Jogendra Nahak and Ors. v. State of Orissa

and Ors. [(2000) 1 SCC 272] & SB CRLMP No. 655/1997 Smt.

Rajesh Bai v. State of Rajasthan decided on 04.11.1997.

(2 of 2) [CRLMP-4476/2020]

It is revealed from perusal of the Status Report of the

investigation that effective steps have been taken by the

Investigating Agency in the matter, therefore, no specific direction

is required from this Court. However, the Investigating Officer is

expected to take necessary steps including said prayer of the

complainant-respondent and to conclude the investigation

expeditiously strictly in accordance with law without being

influenced by any extraneous consideration.

Learned Public Prosecutor is directed to procure latest Status

Report of the investigation by the next date positively.

List the matter on 06.10.2021.

(SATISH KUMAR SHARMA),J

SAHIL/06

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