Allahabad HC says victim's statement necessary for disposal of UP Ex-minister Gayatri Prajapati's plea; orders trial court to secure her presence

In the application filed by Uttar Pradesh Ex-minister Gayatri Prasad Prajapati against the order of the trial court framing charges in another case allegedly filed by the victim of the 2017 Chitrakoot gang rape case, the Allahabad High Court observed that it is necessary that the victim's statement is recorded by the trial court. 

Before the bench of Justice Ramesh Sinha, the counsel for the former minister had argued that the trial court framed charges against Prajapati under Sections 354A (2), 364/511, 504, and 506 read with Section 120-B IPC despite the fact that neither Prajapati was named in the FIR allegedly lodged by the victim nor there was any allegation in the FIR of any kind regarding his involvement in the case. 

Moreover, he submitted that in the statement recorded under Section 164 CrPC, the victim categorically stated that she had neither lodged the FIR nor submitted any application/ complaint in this regard before the police station in Gomti Nagar, Lucknow.

Therefore, alleging that in the instant matter which was lodged in 2016 before the gang rape case, Prajapati had been implicated only on account of political vendetta, his counsel urged the court to quash the order passed by the trial court. 

However, the Additional Government Advocate (AGA) apprised the court that the instant plea could be decided only after recording victim's statement. He informed that despite several dates having been fixed by the trial court, the victim did not appear for recording her statement and consequently on September 1, 2022, a non-bailable warrant has been issued against her.

He submitted that it would be quite possible that now, the statement of the victim may be recorded in near future.

On due consideration, court agreed with the submission of the AGA and opined that at this stage, interest of justice would suffice, if an opportunity is provided for recording the statement of the victim. 

Accordingly, court directed the trial court to make an earnest endeavour to secure the presence of victim and record her statement, in accordance with law, expeditiously, preferably within 3 months from the date of receipt of a certified copy of the present order. 

"The trial Court is also directed that no adjournment shall be granted to either of the parties," court further directed while adjourning hearing in the instant application for three months.

However, court clarified that if the statement of the victim is recorded by the trial Court before three months, Prajapati will have the liberty to move an appropriate application for preponement of the hearing of the instant matter along with a certified copy of the statement of the victim before the high court. 

On October 26, 2016, a woman from Chitrakoot (UP) allegedly filed a complaint that associates of Prajapati forced her to establish physical relations with them and upon her refusal, they abused her and threatened to kill her and her children. On the basis of her complaint, a case was lodged under Sections 294, 504, 506 IPC. The instant application pertains to this FIR. 

During pendency of the investigations in that case, the victim filed another complaint alleging her gang rape by Prajapati and his associates, and an FIR was lodged on February 18, 2017. In this case, Prajapati has been convicted. 

Case Title: Gayatri Prasad Prajapati v. State of UP and Another and connected matter