Accused Entitled To Legible Copy Of 'Section 164 Statement' Before Trial Starts: Kerala High Court
The Kerala High Court observed that a legible copy of the 'Section 164 statement' should be made available before the start of trial to the accused.
The Court was hearing a Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging an order where the Special Judge under the Protection of Children from Sexual Offences Act negated the prayer for getting a legible copy of 164 statements filed along with the final report since an illegible copy of the same was served upon the accused.
The bench of Justice A. Badharudeen observed, “Therefore, legible copy of the same shall be made available before start of trial and the said mandate should not be deferred till the examination by the Magistrate, who recorded the 164 statement.”
Advocate Prasoon Sunny appeared for the Appellant and Senior PP Renjit George appeared for the Respondent.
The Court perused the copy of the 164 statement produced along with Criminal M.C. and the impugned order and noted that there is difficulty to read and understand the contents of the copy of the 164 statement properly.
The Court observed, “Asking the accused to wait to get clarification from the Magistrate, after his appearance on summons to read and understand 164 statement, which can be used for contradicting the maker is injustice and the same is denial of fair trial guaranteed by the Constitution of India, Indubitably, accused has a statutory right to use 164 statement for contradicting the maker, during cross examination of the maker, with a view to shake the version. In order to enable the said purpose, the statement must be readable and legible.”
The Court set aside the impugned order and directed the Special Judge to issue a readable copy of the 164 statement, as per law, within 15 days from the date of receipt of a copy of the order and to proceed with the trial.
Finally, the Court disposed of the Criminal M.C.
Cause Title: xxx v. State of Kerala (Neutral Citation: 2024:KER:67144)
Appearance:
Appellant: Adv. Prasoon Sunny, Adv. Rajiv S., Adv. Gritty k. Reji and Adv. Shameel N.
Respondent: Senior PP Renjit George
