No presumption of rape can be  out between minor wife and husband unless physical relationship is specifically denied: Allahabad High Court.

 

No presumption of rape can be  between minor wife and husband unless physical relationship is specifically denied:

The https://www.allahabadhighcourt.in/ High Court of Judicature at Allahabad in the case below Ajay Diwakar v State of UP, Criminal Misc. Bail Application No. 1777 of 2023, Order dated 03-05-2023]…

1. Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1777 of 2023
Applicant :- Ajay Diwakar
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Ramesh Kumar

for detailed order click below to download

ommon question of law arose for consideration in all above referred
bail applications was reframed during final hearing that:
“Whether material collected during investigation such as further/
subsequent / Mazid Bayan or a statement given by a victim (a minor
girl) before Child Welfare Committee or that victim has stayed/ lived
as wife and husband with accused, would be sufficient evidence for
Investigating Officer to take a different or contrary view of statements
of victim recorded under Sections 161 and 164 Cr.P.C., wherein she
has either denied or does not refer allegation of physical relationship
with accused with or without her consent?”
3. Court has heard arguments of Sri Shamsher Singh and Sri Sarfaraz
Ahmad, Amicus Curiae and learned counsel for rival parties on the basis of
undisputed principles of criminal jurisprudence that, any Investigating
Officer or Agency has a right to investigate any case on its own way by
undertaking procedure duly recognized under Criminal Procedure Code,
1973 (hereinafter referred to as “Code”) or under Police Manual/ Regulation
or under any Special Act with object to unearth the truth which also includes
custodial interrogation and recording statement of witnesses. It is also well
settled that manner of investigation, being a subjective matter of
Investigating Officer, cannot be fixed in a straight jacket formula, however,
there are certain settled principles and procedures which have to be
followed.

 

Click below to download this order as passed by Allahabad High Court

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