Shahjahanpur rape case: Former BJP MP can’t get complainant’s assertion recorded beneath Part 164 CrPC: SC


Tribune News Service

New Delhi, October 8

The Supreme Court on Thursday has said former BJP MP Swami Chinmayanand can’t get complainant’s statement recorded before a magistrate under Section 164 of the CrPC during the probe in the Shahjahanpur rape case.

A Bench headed by Justice UU Lalit set aside Allahabad High Court order to give Chinmayanand a copy of the statement by the complainant.

The Shahjahanpur law student had challenged the November 7, 2019, order of the Allahabad High Court, which had held that Chinmayanad was entitled to get a certified copy of the statement of the victim recorded under Section 164 of the CrPC.

Citing a 2014 judgment, the top court says a rape victim’s statement should preferably be recorded within 24 hours before a lady magistrate.



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