Supreme Court: Refusal Of Accused In Sexual Offence Case To Undergo Medical Examination Shows his Unwillingness To Cooperate With Investigation

The earlier order passed by the High Court on 24th April, 2024, required respondent No. 2 to cooperate with the Investigating Officer for the purpose of investigation and, subject to the same, the respondent-Police were directed not to take any coercive action against him. Pursuant thereto, the

Investigating Officer issued a notice under Section 41-A of

the Code of Criminal Procedure, 1973, on 17th May, 2024,

requiring respondent No. 2 to undergo a medical examination

for the purpose of investigation in the case. He was directed

to appear at the Police Station on 18th May, 2024 at 10.00 a.m.

{Para 5}

6. Respondent No. 2, thereupon, filed IA No. 2 of 2024 before the

High Court. Perusal thereof reflects that he did not wish to

subject himself to medical examination. He stated therein

that the Investigating Officer was threatening him with arrest

if he did not tender himself for medical examination at the

same hospital where the victim was examined.

7. As respondent No. 2 stood protected from coercive action by

the earlier order of the High Court, this statement on his

part does not inspire confidence. In any event, his clear

statement to the effect that he did not want to be subjected

to medical examination shows that he is not willing to

cooperate with the investigation.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 7880/2024

EKTA SINGH Vs THE STATE OF KARNATAKA 

 CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Date : 10-06-2024.

UPON hearing the counsel, the Court made the following

O R D E R

1. Applications for exemption from filing a certified copy of the

impugned judgment and Official Translation are allowed.

2. Issue notice, returnable on 9th August, 2024.

3 Permission is also granted to serve the standing Counsel for

the State of Karnataka.

4. Mr. Shikhil Suri, learned senior counsel, appears on caveat

for Respondent No. 2. It is stated that the said caveat

petition was filed on 30th May, 2024, after the filing of this

Special Leave Petition on 28th May, 2024.

5. The earlier order passed by the High Court on 24th April, 2024,

required respondent No. 2 to cooperate with the Investigating

Officer for the purpose of investigation and, subject to the

same, the respondent-Police were directed not to take any

coercive action against him. Pursuant thereto, the

Investigating Officer issued a notice under Section 41-A of

the Code of Criminal Procedure, 1973, on 17th May, 2024,

requiring respondent No. 2 to undergo a medical examination

for the purpose of investigation in the case. He was directed

to appear at the Police Station on 18th May, 2024 at 10.00 a.m.

6. Respondent No. 2, thereupon, filed IA No. 2 of 2024 before the

High Court. Perusal thereof reflects that he did not wish to

subject himself to medical examination. He stated therein

that the Investigating Officer was threatening him with arrest

if he did not tender himself for medical examination at the

same hospital where the victim was examined.

7. As respondent No. 2 stood protected from coercive action by

the earlier order of the High Court, this statement on his

part does not inspire confidence. In any event, his clear

statement to the effect that he did not want to be subjected

to medical examination shows that he is not willing to

cooperate with the investigation.

8. Mr. Shikil Suri, learned senior counsel, would state that such

reluctance on the part of respondent No.2 does not stem from

his right against self-incrimination under Article 20(3) of

the Constitution.

9. If so, respondent No.2 has to comply with the Section 41-A

notice and subject himself to medical examination as directed

by the Investigating Officer. He cannot voice apprehensions

about the medical facility that he is being referred to

without any tenable basis.

10. In such circumstances, we are constrained to stay the order

dated 23rd May, 2024 passed by the High Court of Karnataka in

IA No. 2 of 2024. Respondent No. 2 shall present himself

before the Investigating Officer on 10th July, 2024 at 10.00

a.m. for being subjected to medical examination.

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