Miss ‘A’ v. State of Uttar Pradesh & Anr.
CRIMINAL APPEAL NO. 659 OF 2020 decided on 08.10.2020
Bench: Uday Umesh Lalit, J., Vineet Saran and S. Ravindra Bhat, JJ.
This appeal arises out of an order passed by the High Court of Allahabad which allowed the plea of former Union Minister and BJP leader Chinmayanand Swami to seek a certified copy of the statement made of the rape victim under Section 164 of CrPC.
The Supreme Court while setting aside the order observed that filing of charge sheet by itself does not entitle an accused to copies of any of the relevant documents including statement made under Section 164 of CrPC. The right to receive a copy of such statement will arise only after cognizance is taken and at the stage contemplated by Section 207 and 208 of CrPC and not before. The court held :-
“In our view, 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. Though, a copy of the statement recorded under Section 164 of the Code was made over to the accused, we must set aside the order passed by the High Court and lay down 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.”