IO cannot record further statement/ Mazid Bayan of victim only for the purpose of clarification/dilute any statement: Allahabad High Court

In an important judgment, while allowing multiple bails, the Allahabad High Court observed that, “Investigating Officer cannot record further statement/ Mazid Bayan of victim only for the purpose of clarification or to dilute any statement of victim recorded under Section 164 of Code with only object to make the accused culpable of an offence.”

Question of Law for Consideration

The question of law the aroused was formulated as:

“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?”

The Hon’ble Court observed 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, 1973or 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.

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Common Cause v. Union of India, 2015

Pooja Pal v. Union of India, 2016

Mohd. Imran Khan v. State (Govt. of NCT of Delhi), 2011

Faisal Ashraf vs. State of U.P. and others, 2022

Case Details: CRIMINAL MISC. BAIL APPLICATION No. – 1777 of 2023

 Ajay Diwakar vs. State Of U.P. And Others

 Hon’ble Saurabh Shyam Shamshery, J.