Listen to this articleMiss ‘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.
FACTS
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.”