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Tag: Rajesh Gutta Vs State of A.P.

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Posted on September 24, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh held that,

In which it is clearly stated that the police Officer has to question the victim girl, witnesses and contradict the witnesses and record the same. In the present case, the statement of the victim girl is concerned, the investigation officer stated in the charge sheet that he has contacted her and she confirmed the contents of the complaint given by the complainant. This Court is of the view that the Investigating Officer has to confirm the allegations mentioned in the complaint with the aggrieved person. This Court is of the view that the Officer, who is investigating the case, should record the statement as per the above said provisions. The first duty of the Investigating Officer is to find out the probability and truthfulness of her complaint unless otherwise the complainant’s version appraised by the Investigating Officer with the facts and circumstances of the case. Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation.

 

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Case Details:

Rajesh Gutta Vs State of A.P. on 1 March, 2011 (Case Details)

Citations: [2011 RCR CRIMINAL 5 452], [2011 CRLJ 3506], [2011 CRIMES 3 236], [2011 DMC 2 655], [2011 SCC ONLINE AP 562], [2011 CRI LJ 3506], [2012 E CR N 1 365]

Other Source links: https://www.casemine.com/judgement/in/5767b10ee691cb22da6d1ec2 or https://mynation.net/docs/4921-2010/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 161 - Examination of Witnesses By Police CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence CrPC 188 - Offence Committed Outside India CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Rajesh Gutta Vs State of A.P. What is Investigation | Leave a comment

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