LexSTATE OF KARNATAKA BY NONAVINAKERE POLICE versus SHIVANNA @ TARKARI SHIVANNA
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A B [2014] 5 S.C.R. 812 STATE OF KARNATAKA BY NONAVINAKERE POLICE v. SHIVANNA @ TARKARI SHIVANNA (Special Leave Petition (Crl.) No. 5073 of 2011) APRIL 25, 2014 [GYAN SUDHA MISRA AND V. GOPALA GOWDA, JJ.] Penal Code, 1860 - s. 376 - Rape - Consistent recurrence of rape and gang rape all over the country C including the metropolitan cities - Reform in Code of Criminal Procedure - Requirement of - Fast track procedure for dealing with cases of rape and gang rape - Medical Examination of the victim - Power exercised by Supreme Court u/Art.142 of the Constitution - Interim directions issued in the form of -o mandamus to all the police stations in charge in the entire country - Upon receipt of information relating to commission of offence of rape, the Investigating Officer to take immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for recording her statement u/s. 164 CrPC - A copy E of the statement u/s. 164 CrPC to be handed over to the Investigating Officer immediately with a specific direction that the contents of such statement uls. 164 CrPC be not disclosed to any person till charge sheet/report u/s. 173 CrPC is filed - The Investigating Officer, as far as possible, to take the victim F to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate - The Investigating Officer to record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate - If any delay exceeding 24 hours in taking the G victim to the Magistrate, the Investigating Officer to record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate - s. 164 A CrPC inserted by Act 25 of 2005 in Cr.P.C. imposes obligation on the part of H 812 STATE OF KARNATAKA BY NONAVINAKERE 813 POLICE v. SHIVANNA @ TARKARI SHIVANNA Investigating Officer to get the victim of the rape immediately A medically examined - A copy of the report of such medical examination to be immediately handed over to the Magistrate who records the statement of the victim u/s. 164 CrPC - Code of Criminal Procedure, 1973 - ss. 164, 164A and 173 - Constitution of India, 1950 - Art. 142. B CRIMINAL APPELLATE JURISDICITON: Special Leave Petition (Crl.) No. 5073 of 2011. From the Judgment & Order dated 19.01.2010 of the High Court of Karnataka at Bangalore in Criminal Appeal No. 1215 C of 2006. V.N. Raghupathy for the Appellant. Pragati Neekra, Ardhendumauli Kumar Prasad, Ranjan 0 Mukherjee, Kamal Mohan Gupta, B. Krishna Prasad, Arputham, Aruna & Co., D. Mahesh Babu, V.N. Raghupathy, Liz Mathew, A.K. Kaul, R. Nedumaran, P.K. Tuli, B.V. Balaram Das, Anip Sachthey, K.N. Madhusoodhanan, T.G. Narayanan Nair, Aniruddha P. Mayee for the Respondent. E The following Order of the Court was delivered ORDER 1. Vide order dated 30.08.2013, we had proposed to consider this matter on merit after service of notice to the F accused-respondent as we felt acutely concerned as to why the Union of India should not take initiative and steps to evolve a procedure for fast track justice to be adopted by the Investigating Agencies and the Fast Tract Courts by proposing amendments into the Cr.P.C. for speedy justice to the victim. G 2. We had noted that the Fast Tract Courts no doubt are being constituted for expeditious disposal of cases involving the charge of rape at the trial stage, but we are perturbed and anguished to notice that although there are Fast Tract Courts H 814 SUPREME COURT REPORTS [2014) 5 S.C.R. A for disposal of such cases, we do not yet have a fast track procedure for dealing with cases of rape and gang rape lodged under Section 376 IPC with the result that such heinous offences are repeated incessantly. 8 3. We had further observed that there is a pressing need to introduce drastic amendments into the Cr.P.C. in the nature of fast tract procedure for Fast Track Courts when we considered just and appropriate to issue notice and called upon the Union of India to file its response as to why it should not C take initiative and sincere steps for introducing necessary amendment into the Cr.P.C., 1973 involving trial for the charge of 'Rape' by directing that all the witnesses who are examined in relation to the offence and incident of rape cases should be· straightway produced preferably before
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