[Legal News] High Court has failed on their behalf in keeping the confidentiality in the matter of Sexual Harassement: SC [Read Judgment]

 


The Hon’ble Supreme Court in the case of Miss ‘A’ v. State of Uttar Pradesh & Anr. (Criminal Appeal No.- 659 of 2020), directed that a Copy of the Statement of the victim recorded under Section164 of the Criminal Procedure Code be handed over by the Concerned Judicial Magistrate to the Investigating Officer with specific directions that the contents should not be disclosed to any person till charge-sheet/report under Section 173 of the Code was filed.

The issue in consideration in this matter was, Whether the accused was eligible to receive a certified copy of the statement recorded of the victim under Section 164 of CrPC? The fact of the case states that Respondent No-2 was accused of Abduction and Sexual harassment by the father of the Appellant of her daughter. The SIT on investigation filed a charge sheet registering complaints under Section 376C, 354D, 342, 506 of IPC. The statement of the Appellant was recorded by Judicial Magistrate under Section 164 of CrPC. The Respondent No.-2 moved to seek the certified copy of the recorded statement. The Additional District and Session Judge denied the same, however the same was allowed by the High Court. 

Thus, the Supreme Court condemned the decision of the High Court and stated that the High Court has failed on their behalf in keeping the confidentiality in the matter of Sexual Harassment.

Read Judgment in detail, here [pdf]

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