Criminal Procedure Code, 1973, Section 154, 161 -- FIR - Can be recorded on the basis of statement u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Power of President/Governor of State to grant - Act of remission does not undo what has been done judicially - The punishment awarded through judgment is not overruled - Convict only gets benefit of liberalized policy of State of pardon - This..........
Criminal Procedure Code, 1973, Section 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Right to ask for - The right to ask for remission of sentence shall be governed by the policy existing on the date of conviction of the accused - Not governed by the policy that exists on the date of consideration of his case for pre-mature release...........
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 duly proved...........
Criminal Procedure Code, 1973, Section 164, 161, Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Deceased was last seen in company of other prosecution witnesses - As per testimony of prosecution witnesses they themselves were suspects in eye of police - Accused persons arrested very late, suggesting that police not sure about correctness of..........
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 statement recorded or..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
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 than what actually took place...........
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 to maker to set up a case of his..........
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...........
