Record statement of woman cop found assaulted in train: Allahabad HC to magistrate

The lady police constable was found brutally assaulted in Saryu Express train in Ayodhya on August 30

The Allahabad high court on Tuesday directed the magistrate concerned to visit the lady police constable, who was found brutally assaulted in Saryu Express train on August 30, in the trauma centre of KGMC, Lucknow, where she is under treatment and record her statement and submit the report by the next date of hearing on September 13, 2023.

The court also directed that the victim be examined by a team of five doctors. (For Representation)

The court also directed that the victim be examined by a team of five doctors comprising three senior gynaecologists, one surgeon and one of medicine of the KGMU, Lucknow, and a report be submitted by the next date fixed in the matter. “The constitution of the Team of Doctors shall be done by the dean of the KGMU, Lucknow,” the court said.

Hearing a PIL, a division bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava said, “After hearing about the progress of the investigations so far from the superintendent of police, GRP, Railway, at this stage, we have no doubt that the investigation is proceeding in the right track and would bring results fast. However, we find that the statement of the victim under Section 161 or 164 criminal procedure code (CrPC) has not been recorded so far. In our opinion, it is a vital piece of evidence which will throw some light and carve out the path on which the investigation can proceed hence forth. We feel that the statement has not been recorded as the victim is not in a position to present herself before the magistrate concerned.”

The court also directed the railway authorities to provide all necessary assistance, including motorised inspection trolleys, to the investigation team to carry out combing operations along the railway track to locate the weapon and other evidence.

Earlier, in a Sunday night sitting on September 3, 2023, this court had taken suo moto cognizance of the brutal assault on a lady police constable who was on duty inside Saryu Express in the intervening night of August 30/31, 2023 by some unknown assailants and had asked the concerned officials to appear before the court. The court had decided to treat this matter as public interest litigation (PIL).

Later, as per direction of the court, one Puja Yadav, superintendent of police (SP), GRP, Lucknow along with deputy superintendent of police, railway, had submitted before the court that statement of victim under section 164 criminal procedure code (CrPC) could not be recorded because she was not in position to give her statement.

She also told the court that no evidence till now had come showing involvement of accused persons. Besides, she also told that no sign of rape has been found till now. The only injuries are on head and on face.