Ramesh Jarkiholi Sex Scandal: Father Of Victim Moves Karnataka High Court To Quash 164 Statement Of His Daughter

The petitioner, who is a retired army personnel, has claimed that the facts and circumstances of the case would make it clear that the petitioner, his family and his daughter are the victims of politics. The right to life includes the right to reputation and on account of the victimisation of the daughter of the petitioner, the right to reputation of the entire family is violated.

Further it is said that the respondents by their acts of commission and omission are directly responsible for the violation of the fundamental right guaranteed to him under Article 21 of the Constitution, while facilitating recording of statements of his daughter under section 164 of the Cr.P.C.

It is claimed that such a statement is recorded in violation of the mandate of law and is liable to be quashed to meet the ends of justice and to meet fair investigation in the matter.

The plea also mentions that mandatory requirements of the said provision are not complied with while recording the statement in as much as no effort whatsoever is made to ensure that the statement is voluntarily made.

It is alleged that the Impugned statement is vitiated for the sole reason that while recording the same, the general secretary of the legal cell, congress party by name Suryamukund Raj was present as widely reported in media. An investigation by locating said Suryamukund Raj by using mobile tower and by collecting CCTV footage would clearly prove the presence of said person while recording impugned 164 statement.

"It is a well known fact that the petitioner's daughter was under the extraneous influence for the last 15 days or more and though a complaint is said to have been lodged by her, she was not allowed to appear before the investigating officer or before the court and all through an advocate was her mouthpiece. An advocate being an officer of the court ought to have produced the petitioner's daughter before the investigating officer at the earliest if really she was not under pressure," the plea claims.

Recently, the victim had written an email to the Karnataka High Court Chief Justice, seeking it to supervise the investigation being carried out in the FIR registered by her and direct the State Government to provide her protection.

In her email letter it was mentioned that the claim that she was kidnapped is baseless and her family has been pressured to make such a statement. The letter read "This is my fight, the family is captive of Ramesh Jarakiholi."

The plea is likely to be taken up for hearing in due course.