Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
Live LawThe Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the FIR under Section 307 IPC and there the investigating officer had recorded the victim's statement in which she has referred to the "elements of consent of the alleged act of sexual relationship", the counsel representing the accused said. The bench further observed that the trial court mainly considered the evidentiary value of the statement recorded by police under Section 161 and held that the statement recorded is not relevant as it has been recorded for the distinct and different offence “The statement dated 24.11.2020, alleged to have been recorded by the P.I., K.G. Zala having direct bearing on the incident of rape for which the applicant-accused tried to prove his defence of consensual relationship, as the FIR, registered under Section 307 of the IPC is prior in point of time and the victim in her statement dated 24.11.2020, had categorically referred the alleged act of rape and same has been confronted by the defence counsel in the cross-examination of the victim,” said the court.