Showing : 71-80 of 136 Results

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, 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-- Witnesses not examined immediately at the time of inquest or thereafter - The mere fact that they were not examined during the inquest is of no consequence - It is nobody's case that they were present at the time of inquest and yet their statement was not recorded by the IO...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 154, 161-- FIR - Can be recorded on the basis of statement u/s 161 Cr.P.C...........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161-- Statement recorded by Investigating Agency u/s 161 Cr.P.C. in the course of investigation - It cannot be used as substantive evidence - It can be used to contradict statement of the witnesses - Witness not confronted with his statement recorded u/s 161 Cr.P.C - Held, that contradiction were not..........
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..........
CHHATTISGARH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Unjustified and unexplained long delay on part of investigating officer in recording statement of material eye-witness, u/s 161 Cr.P.C, during investigation of murder case will render evidence of such witness unreliable - Because the delay would give an opportunity to concoct a different version..........
DELHI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Delay in recording - Held, delay of few hours by itself in recording statement of a witness does not amount to serious infirmity, unless there is material to suggest that investigating agency had deliberately delayed recording of statement in order to afford an opportunity..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 164-- Omission on vital point while recording statement u/s 161 or 164 Cr.P.C. - Such omission creates a doubt to the genuineness of the prosecution story...........

Showing : 71-80 of 136 Results