Supreme Court of India · 2008-10-21
Mukhtiar Singh vs State Of U.P. & Anr. Etc
- Court
- Supreme Court of India
- Petitioner
- Mukhtiar Singh
- Respondent
- State Of U.P. & Anr. Etc
- Bench
- Aftab Alam, G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's order quashing the charge-sheet under Sections 363, 366, and 376 IPC was erroneous as it deemed the victim's statement recorded under Section 164 CrPC as non-est. The Court emphasized that the victim's statement is crucial for the prosecution of serious offences such as kidnapping and rape. The Court reinstated the charge-sheet and directed that the victim's statement be duly considered in the trial process, thereby upholding the integrity of the judicial process under the Code of Criminal Procedure, 1973.