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Law Student Sexual Assault case| SC sets aside All HC order; says copy of the statement of victim could not have been provided to Swamy Chinmayanand

Supreme Court: The 3-judge bench of UU Lalit, Vineet Saran and S. Ravindra Bhat, JJ has held that no person is entitled to a copy of statement recorded under Section 164 of the Criminal Procedure Code, 1973 till the appropriate orders are passed by the court after the charge-sheet is filed.

“The right to receive a copy of such statement will arise only after cognizance is taken and at the stage contemplated by Sections 207 and 208 of the Code and not before.”


BACKGROUND OF THE CASE


The Court was hearing the case where


WHAT THE COURT SAID


The Supreme Court noticed that the High Court completely erred in appreciating the directions issued by this Court, especially in a matter where the offences alleged against accused are of sexual exploitation.

“In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf.”

Explaining the Scheme of the relevant provisions of CrPC, the Court said that after the conclusion of the investigation, an appropriate report under Section 173 of the Code is to be filed by the police giving information as required by Section 173.

In terms of Section 190 of the Code, the concerned Magistrate may take cognizance of any offence inter alia upon a police report. At the stage of exercise of power under Section 190 of the Code, the Magistrate may deem fit that the matter requires further investigation on certain aspects/issues and may pass appropriate direction. It is only after taking of the cognizance and issuance of process that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents referred to in said provisions.

The filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, unless the stages indicated above are undertaken. Thus, merely because the charge-sheet was filed by the time the High Court had passed the order in the present matter, did not entitle the accused to a copy of the statement under Section 164 of the Code.

Though, a copy of the statement recorded under Section 164 of the Code was made over to the accused, the Court set aside the order passed by the High Court and held that

“… under no circumstances copies of statements recorded under Section 164 of the Code can be furnished till appropriate orders are passed by the Court after taking cognizance in the matter.”

[Miss ‘A’ v. State of Uttar Pradesh,  2020 SCC OnLine SC 817, decided on 08.10.2020]

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