MADURAI: The Madurai Bench of Madras High Court has ordered the Director General of Police to once again issue directions to all investigation officers (IO) to produce the victims of rape before a woman magistrate, while recording statements under 164 CrPC, as far as possible.
Justice GK Ilanthiraiyan passed the order by granting bail to a 34-year-old man accused of sexually assaulting his six-year-old daughter. The court said the victim's statement is in a question-and-answer format, which is against the provisions of 164 CrPC. This apart, the statement was recorded by a male magistrate.
The Supreme Court has repeatedly held that in cases of rape, victims should be produced preferably before the woman magistrate, while recording statements. And it should be kept in a sealed cover and treated as evidence during case trial, and it may be subjected to cross-examination, the court said.
In this regard, the state DGP had issued a circular to all IOs instructing them that as far as possible the victim should be taken to the nearest woman magistrate to record the statement. In view of the same, the DGP must again issue the same direction to all the IOs, the court added.
The court also ordered the petitioner to report before the Sessions Judge of Special Court for exclusive trial of cases under the POCSO Act at Nagercoil of Kanniyakumari district on all working days at 10.30 am and 5.30 pm for a period of two weeks, and thereafter for all hearings without fail. The 34-year-old petitioner was arrested and remanded in judicial custody for allegedly sexually assaulting and threatening his six-year-old daughter.