Showing : 11-20 of 136 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - Not obligatory/mandatory on police officer to record the statement of all witnesses examined by him during course of investigation - But if the statement of any witness is recorded u/s 161(3) Cr.P.C.by I.O during questioning, it shall be forwarded to Magistrate and a..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - Failure to comply with requirements of S.161(3) Cr.P.C. may affect the credibility to be attached to evidence of witnesses, but it does not render the evidence as inadmissible and it would not destroy the fabric of prosecution case...........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161(2), 53, 53A, 54, Constitution of India, 1950, Article 20(3)-- Investigation - Narco Analysis and Brain Mapping tests - Cannot be conducted forcibly, if accused refuses to undergo the tests...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 12, 7, 11, Criminal Procedure Code, 1973, Section 161, 164-- Abetment of offence u/ss 7, 11 of the Act - Resiling of complainant from his previous statement recorded u/s 161 or S.164 Cr.P.C. - Cannot be said that he has abetted the accused who is facing trial u/ss 7, 11 of P.C. Act, so as to make complainant liable u/s 12 of P.C. Act - Order framing charge..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 30 days in recording statement of PW2 - Delay in recording his statement is not fatal to prosecution, as testimony of PW2 completely corroborates the version of eye witness in all material details of incident particularly since there was change of investigating officer...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161, 162(2)-- Dying declaration - There is no statutory form of a dying declaration - Even a statement given u/s 161 Cr.P.C. to a police officer may be regarded as a dying declaration in view of S.162(2) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 145-- Witness contradicted with his statement u/s 161 Cr.P.C. - No part of his testimony can be taken into account for determining the culpability of accused...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Murder - Child witness - Delay in recording of statement of child witness - PW5 was cross-examined on practically every detail of prosecution story and her statement corroborated every part thereof - Delay occurred due to the fact that I.O wanted to assure himself of veracity of statement of child..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of witnesses - Delay in recording statement of witnesses does not necessarily discredit their testimony - Court may rely on such testimony if they are cogent and credible and delay is explained to the satisfaction of the Court...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and..........

Showing : 11-20 of 136 Results