Showing : 61-70 of 136 Results

CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161-- Long delay in recording statement of eye witnesses - Delay unjustified and unexplained - Witnesses throughout in touch with police - Not disclosed the incident to police at any earlier occasion before recording their 161 statements - Testimony of such witnesses is unreliable - Conviction based on..........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused on incriminating evidence - Trial court based conviction of accused on evidence which was not put to him while recording his statement u/s 313 of the Code - Conviction set aside - Held, recording of statement of accused u/s 313 of the Code is not a mere formality - A..........
DELHI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 91, 207-- Production of documents - Accused police officer facing trial u/ss 342, 365 and 120-B IPC - During trial after recording statement of one prosecution witness, accused made application u/s 91 IPC asking court for directions to the CBI to produce certain documents and statements - Accused did not..........
DELHI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 228-- Accused charged for instigating criminal riots and killing of innocent persons belonging to Sikh community - Delay in investigation of case, recording of statement of witnesses and filing of charge sheet - Cannot be said to have caused prejudice to accused - Plea of accused that main defence..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161, 162-- Delay in recording statement of witnesses - When delay is explained, whatever be the length of the delay, Court can act on the testimony of the witness if it is found to be cogent and credible...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161, 162-- Delay in recording statement of witnesses - In case of delay in examination of witnesses in the manner of investigation the same is not a ground to condemn the witness - S.162 Cr.P.C. is very clear that it is not mandatory for the police to record every statement - Law contemplates a situation..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of a witness - PW2 was conscious through all the night and yet the statement not recorded at the initial stage - He became unconscious only at the time when general anesthesia was given to him at 11.40 a.m. the following day - Delay in recording statement of PW2 cannot..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Challenge against order closing evidence by order - Complaint u/s 138 N.I. Act - Petitioner granted numerous opportunities for leading defence evidence and he consumed about 3 years for leading evidence in defence after recording of his statement u/s 313 Cr.P.C. - Held, granting more opportunity..........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused - Murder - Accused allegedly made disclosure statement leading to the recovery of dead body - While recording statement u/s 313 of the Code, it was not even suggested that he had made any disclosure statement leading to the recovery of dead body - Held, such evidence cannot be..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 173-- Recording of statement - Direction to the Investigation officer to record statement u/s 161 of the Code after the committal of case to Court of Sessions - Direction not sustainable - Fields of investigation and trial are separate - Court has no power to issue directions to get a particular..........

Showing : 61-70 of 136 Results