Criminal Procedure Code, 1973, Section 228, 161 -- Framing of charges - At the time of framing of charges statements of witnesses u/s 161 Cr.P.C. and all other material collected during investigation has to be taken on its face value - Defence of accused and documents produced by accused not to be considered...........
Criminal Procedure Code, 1973, Section 228, 161, 164, Indian Penal Code, 1860, Section 363, 366A -- Framing of charges u/ss 363, 366-A IPC - Inconsistent statement u/ss 161 & 164 Cr.P.C. - Statement u/s 161 Cr.P.C. that she voluntarily accompanied accused to his village - However, statement u/s 164 Cr.P.C. that accused gave some intoxicant to her and was taken to his..........
Criminal Procedure Code, 1973, Section 161 -- Delay - in recording statement of PW cannot be held fatal to prosecution, unless I.O. is asked questions about delay in recordings statements and explanation is sought from witnesses as to why their statements were recorded late...........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in matter of investigation and it is not desirable to make available police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - Not admissible in evidence, except for limited purpose as provided in S.157 of Evidence Act...........
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 copy of the statements shall be..........
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...........
