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APEX COURT GAVE SOME DIRECTIONS IN RESPECT OF OFFENCE UNDER SEC.376 I.P.C- exercising powers under Article 142 of the Constitution, we are pleased to issue interim directions in the form of mandamus to all the police station in charge in the entire country to follow the direction of this Court which are as follows: (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for the purpose of recording her statement under Section 164 Cr.P.C. A copy of the statement under Section 164 Cr.P.C. should be handed over to the Investigating Officer immediately with a specific direction that the contents of such statement under Section 164 Cr.P.C. should not be disclosed to any person till charge sheet/report under Section 173 Cr.P.C. is filed. (ii) The Investigating Officer shall as far as possible take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate. (iii) The Investigating Officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate as aforesaid. (iv) If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate. (v) Medical Examination of the victim: Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C. 10. A copy of this order thus be circulated to all the Director Generals of Police of all the States/Commissioner of Police in Metropolitan cities / Commissioner of Police of Union Territories who are then directed to send a copy of this order to all the police stations in charge in their States/Union Territories for its compliance in cases which are registered on or after the receipt of a copy of these directions. Necessary instructions by the DGPs/ Commissioners of Police be also issued to all the police station incharge by the DGPs/Commissioner of Police incorporating the directions issued by us and recorded hereinbefore. 11. The matter be posted again after four weeks to ensure compliance of this order by the DGS & Commissioners of Police in the country before the appropriate Bench and also for such other further order or orders which may be considered necessary. = State of Karnataka by Nonavinakere Police ..Petitioner Versus Shivanna @ Tarkari Shivanna ..Respondent= 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41487

APEX COURT GAVE SOME DIRECTIONS IN RESPECT OF OFFENCE UNDER SEC.376 I.P.C-

exercising

powers under Article 142 of  the  Constitution,  we  are  pleased  to  issue

interim directions in the form of  mandamus to all the   police  station  in

charge in the entire  country to follow the direction of  this  Court  which

are as follows:

           (i)   Upon receipt of information relating to the commission  of

                  offence of rape, the Investigating  Officer   shall  make

                  immediate  steps   to   take     the   victim    to   any

                  Metropolitan/preferably  Judicial  Magistrate   for   the

                  purpose of recording her   statement  under  Section  164

                  Cr.P.C.    A copy of the  statement   under  Section  164

                  Cr.P.C.  should  be  handed  over  to  the  Investigating

                  Officer immediately with a specific  direction  that  the

                  contents of such statement   under  Section  164  Cr.P.C.

                  should not  be  disclosed   to  any  person  till  charge

                  sheet/report under Section 173 Cr.P.C. is filed.

 

 

           (ii)  The Investigating Officer shall as far as  possible   take

                  the victim to the  nearest  Lady  Metropolitan/preferably

                  Lady Judicial Magistrate.

 

 

           (iii)   The Investigating Officer  shall record specifically the

                  date  and   the  time  at  which  he  learnt  about   the

                  commission of the offence of rape and the date  and  time

                  at    which    he    took    the    victim     to     the

                  Metropolitan/preferably  Lady  Judicial   Magistrate   as

                  aforesaid.

 

 

           (iv)  If there is any delay exceeding 24  hours  in  taking  the

                  victim  to  the  Magistrate,  the  Investigating  Officer

                  should record the reasons for the same in the case  diary

                  and hand over a copy of the same to the Magistrate.

 

 

           (v)   Medical Examination of the victim: Section 164 A   Cr.P.C.

                  inserted  by  Act  25  of  2005  in  Cr.P.C.  imposes  an

                  obligation  on the part of Investigating Officer  to  get

                  the victim of the rape immediately  medically   examined.

                  A copy of  the  report   of  such    medical  examination

                  should be immediately handed      over to the  Magistrate

                  who records the statement  of the  victim  under  Section

                  164 Cr.P.C.

 

10.         A copy of this order thus be  circulated  to  all  the  Director

Generals of Police of all the States/Commissioner of Police in  Metropolitan

cities / Commissioner  of  Police  of  Union  Territories     who  are  then

directed to  send a copy of  this  order  to  all  the  police  stations  in

charge in their States/Union Territories    for  its  compliance   in  cases

which are    registered  on  or  after  the  receipt  of  a  copy  of  these

directions.  Necessary instructions by the  DGPs/  Commissioners  of  Police

be also issued to all the police station incharge by  the  DGPs/Commissioner

of Police incorporating      the  directions  issued  by  us   and  recorded

hereinbefore.

11.          The  matter  be  posted  again  after  four  weeks  to   ensure

compliance of this order by  the  DGS  &  Commissioners  of  Police  in  the

country before the appropriate Bench and also for such other  further  order

or orders which may be considered necessary. 

    2014 (April. Part)http://judis.nic.in/supremecourt/filename=41487

GYAN SUDHA MISRA, V. GOPALA GOWDA

REPORTABLE

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICITON
SPECIAL LEAVE PETITION (CRL.) NO. 5073/2011
State of Karnataka by Nonavinakere Police ..Petitioner
Versus
Shivanna @ Tarkari Shivanna ..Respondent
O R D E R
1. Vide order dated 30.08.2013, we had proposed to consider this
matter on merit after service of notice to the accused-respondent as we
felt acutely concerned as to why the Union of India should not take
initiative and steps to evolve a procedure for fast track justice to be
adopted by the Investigating Agencies and the Fast Tract Courts by
proposing amendments into the Cr.P.C. for speedy justice to the victim.
2. We had noted that the Fast Tract Courts no doubt are being
constituted for expeditious disposal of cases involving the charge of
rape at the trial stage, but we are perturbed and anguished to notice
that although there are Fast Tract Courts for disposal of such cases, we
do not yet have a fast track procedure for dealing with cases of rape and
gang rape lodged under Section 376 IPC with the result that such heinous
offences are repeated incessantly.
3. We had further observed that there is a pressing need to
introduce drastic amendments into the Cr.P.C. in the nature of fast tract
procedure for Fast Track Courts when we considered just and appropriate to
issue notice and called upon the Union of India to file its response as to
why it should not take initiative and sincere steps for introducing
necessary amendment into the Cr.P.C., 1973 involving trial for the
charge of ‘Rape’ by directing that all the witnesses who are examined
in relation to the offence and incident of rape cases should be
straightway produced preferably before the Lady Judicial Magistrate for
recording their statement to be kept in sealed cover and thereafter the
same be treated as evidence at the stage of trial by producing the same in
record in accordance with law which may be put to test by subjecting it to
cross-examination. We were and are further of the view that the statement
of victim should as far as possible be recorded preferably before the Lady
Judicial Magistrate under Section 164 Cr.P.C. skipping over the recording
of statement by the Police under Section 161 Cr.P.C. to be kept in sealed
cover and thereafter the same be treated as evidence at the stage of trial
which may be put to test by subjecting it to cross-examination. We are
further of the view that the statement of victim should as far as possible
be recorded preferably before the Lady Judicial Magistrate under Section
164 Cr.P.C. skipping over the recording of statement by the police
under Section 161 Cr.P.C. which is any case is inadmissible except for
contradiction so that the statement of the accused thereafter be
recorded under Section 313 Cr.P.C. The accused then can be committed to
the appropriate Court for trial whereby the trial court can straightway
allow cross examination of the witnesses whose evidence were recorded
earlier before the Judicial Magistrate.
4. What we wished to emphasize is that the recording of evidence
of the victim and other witnesses multiple times ought to be put to an end
which is the primary reason for delay of the trial. We are of the view
that if the evidence is recorded for the first time itself before the
Judicial Magistrate under Section 164 Cr. P.C. and the same be kept in
sealed cover to be produced and treated as deposition of the witnesses and
hence admissible at the stage of trial with liberty to the defence to cross-
examine them with further liberty to the accused to lead his defence
witness and other evidence with a right to cross-examination by the
prosecution, it can surely cut short and curtail the protracted trial if it
is introduced at least for trial of rape cases which is bound to reduce the
duration of trail and thus offer a speedy remedy by way of a fast track
procedure to the Fast Track Court to resort to.
5. Considering the consistent recurrence of the heinous crime of
rape and gang rape all over the country including the metropolitan cities,
we are of the view that it is high time such measures of reform in the Cr.
P.C. be introduced after deliberation and debate by the legal fraternity as
also all concerned.
6. We had therefore issued notice to the Union of India as also
the Law Commission of India and all the State Law Commissions and the Law
Secretaries of the States for eliciting their views on the subject. The
Law Commission of India filed its response to the same, and although in
principle agree that the proposed changes in the Cr.P.C. are justified,
it is of the opinion that the same might prejudice the investigation of
the case by the police. Thereafter, we thought appropriate to invite the
views of the legal fraternity and hence a general notice was issued to
the Members of the Bar to assist the Court considering the importance of
the issue raised.
7. We, thereafter appointed the learned senior counsel Mr. Shekhar
Naphade and Mr. U.U. Lalit, who appeared and addressed this Court.
Learned senior advocate Mr. Shekhar Naphade agreed with the suggestions
given by this Court that the statement of the victim of rape and gang rape
may be and should be recorded under Section 164 of the Cr.P.C. which should
be placed on record treated as evidence of the victim and may later be
relied upon as evidence and then the accused may be given a chance to
cross-examine the prosecution version and the evidence recorded at the
instance of the victim.
8. Learned senior counsel Mr. Shekhar Naphade was good enough to
give us a brief note in this regard. The learned Addl. Solicitor General
Mr. Siddharth Luthra also ably assisted us and drew the attention of
this Court regarding the implications on the trial in case the statement of
victim is recorded under Section 164 Cr.P.C. and is made admissible for the
purpose of trial.
9. On considering the same, we have accepted the suggestion
offered by the learned counsel who appeared before us and hence exercising
powers under Article 142 of the Constitution, we are pleased to issue
interim directions in the form of mandamus to all the police station in
charge in the entire country to follow the direction of this Court which
are as follows:
(i) Upon receipt of information relating to the commission of
offence of rape, the Investigating Officer shall make
immediate steps to take the victim to any
Metropolitan/preferably Judicial Magistrate for the
purpose of recording her statement under Section 164
Cr.P.C. A copy of the statement under Section 164
Cr.P.C. should be handed over to the Investigating
Officer immediately with a specific direction that the
contents of such statement under Section 164 Cr.P.C.
should not be disclosed to any person till charge
sheet/report under Section 173 Cr.P.C. is filed.
(ii) The Investigating Officer shall as far as possible take
the victim to the nearest Lady Metropolitan/preferably
Lady Judicial Magistrate.
(iii) The Investigating Officer shall record specifically the
date and the time at which he learnt about the
commission of the offence of rape and the date and time
at which he took the victim to the
Metropolitan/preferably Lady Judicial Magistrate as
aforesaid.
(iv) If there is any delay exceeding 24 hours in taking the
victim to the Magistrate, the Investigating Officer
should record the reasons for the same in the case diary
and hand over a copy of the same to the Magistrate.
(v) Medical Examination of the victim: Section 164 A Cr.P.C.
inserted by Act 25 of 2005 in Cr.P.C. imposes an
obligation on the part of Investigating Officer to get
the victim of the rape immediately medically examined.
A copy of the report of such medical examination
should be immediately handed over to the Magistrate
who records the statement of the victim under Section
164 Cr.P.C.

10. A copy of this order thus be circulated to all the Director
Generals of Police of all the States/Commissioner of Police in Metropolitan
cities / Commissioner of Police of Union Territories who are then
directed to send a copy of this order to all the police stations in
charge in their States/Union Territories for its compliance in cases
which are registered on or after the receipt of a copy of these
directions. Necessary instructions by the DGPs/ Commissioners of Police
be also issued to all the police station incharge by the DGPs/Commissioner
of Police incorporating the directions issued by us and recorded
hereinbefore.
11. The matter be posted again after four weeks to ensure
compliance of this order by the DGS & Commissioners of Police in the
country before the appropriate Bench and also for such other further order
or orders which may be considered necessary.
…………………………….J.
(Gyan Sudha Misra)
…………………………….J.
(V. Gopala Gowda)

New Delhi,
April 25, 2014
———————–
8

 

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