Allahabad HC Orders Recording of Statement from Female Police Officer Attacked on Saryu Express

LI Network

Published on: 14 September 2023 at 11:20 IST

The Allahabad High Court issued a significant directive regarding the investigation into a harrowing incident involving a female police officer on duty aboard the Saryu Express.

The incident occurred during the night of August 30/31, 2023. Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava, constituting a Division Bench, have taken a proactive stance in ensuring justice prevails.

The court has instructed the Magistrate with jurisdiction over the Trauma Centre at KGMC, Lucknow, to personally visit the injured female police officer and record her statement.

This move aims to gather crucial evidence related to the incident. Additionally, the court has mandated a comprehensive medical examination by a team of five doctors, including three senior gynecologists, one surgeon, and one internal medicine specialist from KGMU, Lucknow. The composition of this medical team will be overseen by the Dean of KGMU.

A detailed medical report is expected to be submitted promptly.

The court’s proactive stance stems from its suo-moto cognizance of the incident on September 3, 2023, when it ordered the registration of a Public Interest Litigation (Crl.).

Notices were issued to relevant authorities, including the Union of India, Ministry of Railways/Railway Board, Director General of Railway Protection Force (RPF), State of U.P., and State Commission for Women, Uttar Pradesh.

On September 4, 2023, the Court required the Case Diary to be presented, and the Investigating Officer to appear. The Superintendent of Police, GRP (Railway), and Dy. Superintendent of Police, GRP Lucknow, appeared before the Court and provided an update on the investigation. While no sexual assault was indicated in the current examination reports, injuries on the victim were attributed to a sharp-edged weapon, and efforts were made to locate it.

The Statements from train escort guards, station vendors, and the victim’s associates were recorded as part of the ongoing investigation.

The Forensic Team also meticulously scanned the Railway Coach in which the incident is said to have occurred, and CCTV Camera footage from the Railway Stations is being processed to uncover the truth behind the incident.

However, the Court noted that the statement of the victim, referred to as ‘x’, under Section 161 Cr.P.C. or 164 Cr.P.C. had not been recorded yet. Recognizing the statement’s importance in shedding light on the incident and guiding the investigation, the Court attributed this delay to the victim’s inability to present herself before the Magistrate concerned due to her medical condition.

In addition to the statement, the Court has directed the Railway Authorities to provide all necessary assistance, including motorized inspection trolleys, to the investigation team to conduct combing operations along the railway track to locate the weapon and other crucial evidence.

The case is titled “Ram Kaushik v. Union Of India & Ors.”

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