SK KHELAFAT MOJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner is facing his trial of an offence punishable under Section 376 of the Indian Peal Code before the Learned Additional District & Sessions Judge, Fast Track 2nd Court, Uluberia, Howrah. In course of such trial, the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure was tendered by the Investigating Officer of the case and was marked as Exhibit-9. However, defence raised an objection to that on the ground no statement under Section 164 of the Code can be marked exhibit and be admitted into evidence without the Learned Magistrate concerned who recorded such statement being examined in Court. The Learned Trial Court rejected such objection. Hence, this Criminal Revision.

(2.) Heard Mr. Rabindra Nath Pal, Learned Counsel appearing for the petitioner, Mr. Debabrata Roy, Learned Counsel appearing for the State as well as Mr. Manjit Singh, appearing as Amicus Curiae.

(3.) In this case, the short question that arises for decision, as to whether a statement recorded under Section 164 of the Code of Criminal Procedure can be admitted into evidence and be marked as exhibit, without the concerned Magistrate recorded such statement being examined during the trial.