ASHA GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor.

(2.) The submission of the counsel for the petitioner is that the allegation were levelled in the FIR by the husband of the petitioner of the complainant having attempted to abduct his wife - petitioner - Smt. Asha Gurjar and it was also alleged in the FIR that the petitioner had been raped. However, the trial Court has failed to record her statement under Section 164 Cr.P.C. in spite of application moved by the police.

(3.) Learned Public Prosecutor has supported the submissions made by the learned counsel for the petitioner and stated that statement under Section 164 Cr.P.C. ought to have been recorded.