Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by prosecution but with the leave of Court..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Neither PW1 nor investigating officer confronted with the statement and questioned about it - Statement of PW1 recorded u/s 161 Cr.P.C cannot be looked into for any purpose much less to discredit the testimony of PW1 and prosecution version...........
Criminal Procedure Code, 1973, Section 161 -- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
Criminal Procedure Code, 1973, Section 161 -- Delay in examination of witnesses by police - Depends upon various factors including preoccupation of I.O with other cases and no, availability of witnesses - Any delay in examination of witnesses during investigation cannot alone be a ground to discredit the witnesses if they are otherwise credible...........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 161 -- Statement of PW-14 recorded after two years and eight months of occurrence - Explanation given that he was threatened by co-accused - After his statement was recorded, accused was arrested after six years and nothing happened to him during the said period - Plea of being threatened for such a long..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 can be used for limited purpose of impeaching the credibility of a witness - It cannot by itself be treated as substantive evidence in a criminal trial...........
Criminal Procedure Code, 1973, Section 161, 162 - - Defence or Court witness - Contradiction with previous statement - No right vests in Public Prosecutor or Counsel appearing for complainant to contradict defence or Court witness with his previous statement made by such witnesses to police...........
