Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B -- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of..........
Evidence Act, 1872, Section 24, Criminal Procedure Code, 1973, Section 161 -- Extra-judicial confession - Recorded by PW8 after 40 days of incident - PW8 not a relative of deceased nor relative of accused - Extra-judicial confession of accused is recorded as if it is a statement recorded u/s 161 Cr.P.C. - Extra judicial confession in all probability might have been made by..........
Criminal Procedure Code, 1973, Section 154, 161 -- FIR - FIR was lodged on the basis of report lodged by PW16 with SHO - Any subsequent report submitted by PW16 could be at best treated to be a statement u/s 161 Cr.P.C and could not be admitted in evidence by marking exhibit thereupon...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of witnesses - Does not necessarily discredit their testimony - Court may rely on such testimony if it is cogent and credible and delay is explained to the satisfaction of Court...........
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 154, 161(3) -- Multiple FIRs - More than one FIR in relation to same incident or different incidents arising from the same occurrence - Different offences committed in the course of same transaction - First FIR related to all incidents that took place in the course of same transaction - Many occurrences at one and same time and some..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Statement cannot be used for any purpose other than one permissible u/s 162 Proviso Cr.P.C - Such statement can be used to contradict witness in the manner provided u/s 145 of Evidence Act and also for the purpose of re-examination, if statement was used for contradiction, but only for the purpose of..........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 161 -- Cross-examination - Questions asked in cross-examination cannot be overruled on ground that same are beyond as to what is stated in statement u/s 161 Cr.P.C. and are not relevant...........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement u/s 161 Cr.P.C. - If Court has not put any question to witness with reference to his statement recorded u/s 161 Cr.P.C., it is impermissible for Court to use that statement later even for drawing adverse impression regarding evidence of that witness...........
Criminal Procedure Code, 1973, Section 161 -- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4 is rendered suspect and must be..........
