SANTOSH DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Pursuant to the order dtd. 14/2/2023, the SHO has filed his explanation through GA. On account of non-availability of the oath commissioners, the explanation has not been authenticated, however, the same is taken on record.

(2.) It is inter alia submitted that the statements, which were recorded by the SHO, were verbatim in terms of what was indicated by the alleged detenue. It is further submitted that similar statements were given by her before the SDM when proceedings were initiated under Sec. 97 and 98 of Cr.P.C., which have been produced along with the explanation.

(3.) Learned GA made submissions that looking to the fact that similar statements were made before the SDM and the order based on the said statements was passed by the SDM, apparently, the alleged detenue on account of change in mind may have indicated that she has not given the statement as recorded by the SHO and, therefore, the explanation be taken on record.