Showing : 71-80 of 157 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 164-- Confession - S.164 Cr.P.C. requires strict and faithful compliance of sub-sections 2 to 4 - Failure to observe safeguards not only impairs evidentiary value of confession but cast a doubt on nature and voluntariness of confession on which no reliance can be placed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 21, Criminal Procedure Code, 1973, Section 164-- Extra judicial confession - Concept of extra judicial confession is primary a judicial creation, and must be used with restraint - Such a confession must be used only in limited circumstances, and should also be corroborated by way of abundant caution...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 190, 482, Indian Penal Code, 1860, Section 366A, 363-- Cognizance of offence - Accused persons gained entry into house of victim girl, gagged her mouth and forcibly took her to some unknown place - Magistrate went through contents of case diary including statements of victim girl recorded by investigating officer and by Magistrate u/s 164 Cr.P.C...........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Made by accused regarding abduction of victim - I.O. did not request Magistrate to record confessional statement - Investigation conducted by Investigating Officer could be regarded as perfunctionary in nature...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Accused cannot be convicted merely on the statement of a witness u/s 164 Cr.P.C. - It is not a substantive piece of evidence - It can be used for the purpose of contradicting or corroborating the witness - Accused cannot be convicted without corroboration from other evidence...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Evidentiary value of statement u/s 164 Cr.P.C. - Statement recorded u/s 164 Cr.P.C. can never be used as substantive evidence of truth of the facts but may be used for contradictions and corroboration of a witness who made it and it can be used to cross examine the maker of it and the result may..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Statement u/s 164 Cr.P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis statement made in Court - It can be only utilized as a previous statement and nothing more...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 363, 366A-- Kidnapping - Appellants arrested along with victim girl - No direct evidence that victim girl was kidnapped by the appellant - All the witnesses examined were hearsay witnesses on the point of occurrence as they did not see appellants taking away victim girl - Held, mere statement of victim girl..........

Showing : 71-80 of 157 Results