The Madurai Bench of Madras High Court has issued an order directing the Director General of Police (DGP) to once again issue directions to all investigation officers (IOs) regarding the production of victims of sexual assault before a woman magistrate while recording their statements under Section 164 of the Criminal Procedure Code (CrPC), whenever possible.
The order was given by Justice G.K. Ilanthiraiyan while granting bail to a 34-year-old man who was accused of sexually assaulting his six-year-old daughter in Kanyakumari district. The judge observed that the statement of the victim, recorded under Section 164 of the CrPC, was in a question-and-answer format, which goes against the provisions of the section. Additionally, the statement had been recorded by a male magistrate.
The Supreme Court has consistently held that in cases of rape, it is preferable to produce the victims before a woman magistrate when recording their statements. The statement should be kept in a sealed cover and treated as evidence during the trial, subject to cross-examination, as noted by the judge.
In line with this, the DGP had previously issued a circular to all IOs, instructing them to take the victim to the nearest woman magistrate, whenever feasible, to record their statements. In light of this previous directive, the court ordered the DGP to issue the same instructions once again to all IOs.
Additionally, the court mandated that the petitioner report before the Sessions Judge of the Special Court for exclusive trial of cases under the Protection of Children from Sexual Offences (POCSO) Act in Nagercoil, Kanniyakumari district, on all working days at specified times for a period of two weeks, and thereafter for all hearings without fail. The 34-year-old petitioner had been arrested and remanded in judicial custody for allegedly sexually assaulting and threatening his six-year-old daughter.
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