Showing : 81-90 of 136 Results

GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 164-- Unexplained and unjustified delay in recording the statement of material witness always goes against the prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Witness - Examination during investigation - Delay - Not a ground to create doubt regarding the veracity of the prosecution's case - Unless the investigating officer is categorically asked as to why there was delay in examination of the witnesses the defence cannot gain any advantage therefrom -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Witness - Examination during investigation - Delay - Independent witnesses coming forward after seeing accused's photographs in the media - No error in recording their statements...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 161-- Discloser statement - Proof of - Held, there is no requirement either u/s 27 of the Evidence Act or u/s 161 Cr.P.C. to obtain signature of independent witnesses on record in which statement of an accused is written - Court has to consider evidence of investigating officer who deposed to the fact..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154, 161-- Criminal trial - A fact deposed to by the witness not finding mention in the FIR and in the statement u/s 161 Cr.P.C. - Held it is an improvement and cannot be considered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - Delay in sending to court - Effect thereof - Held, statements recorded u/s 161, Cr.P.C. do not constitute substantive evidence - They can be made use of only for purpose of eliciting contradictions so as to discredit testimony of witnesses by saying that their evidence..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Statements recorded u/s 161 CrPC - Non-furnishing thereof - Effect of - Held, it is open to a court to presume that statements withheld would become unfavourable to prosecution if produced and non furnishing of statements recorded u/s 161 Cr.P.C., has occasioned great prejudice to accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Statement of material witnesses not recorded u/s 161 Cr.P.C. - No explanation as to why the same not recorded - Accused deprived of his right of confronting the witnesses with their previous statement, so as to shatter their veracity - Case of prosecution becomes highly doubtful...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Non recording of statement of a material witness u/s 161 Cr.P.C. is a serious irregularity which causes a serious prejudice to the accused as accused is deprived of confronting the witness with his previous statement so as to shatter the veracity of his testimony made in Court...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161, 482-- Copy of statement of a person examined u/s 161 Cr.P.C. but not cited as a witness - Court can direct prosecution to produce the copy of statement of such a witness, if he is a material witness or is acquainted with the facts and circumstances of the case...........

Showing : 81-90 of 136 Results