In a significant ruling, the Allahabad High Court has held that once the victim in a rape case has recorded her statement before the magistrate and it is different from her statement recorded before the investigation officer (IO), the IO cannot interrogate her again and put specific questions to her pertaining to the two different versions given by her in the two statements.

In such a situation, the IO also cannot record her statements and proceed with the investigation further, the court added. In the matters in hand, the victim after giving her statement under Section 161 of the Criminal Procedure Code (CrPC) before the IO levelling allegations of rape against the accused, had changed her version later in her statement recorded under Section 164 of the Code before the magistrate.