Criminal Procedure Code, 1973, Section 161 -- Long delay in recording statement of eye witnesses - Delay unjustified and unexplained - Witnesses throughout in touch with police - Not disclosed the incident to police at any earlier occasion before recording their 161 statements - Testimony of such witnesses is unreliable - Conviction based on testimony of such witnesses set..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 163(1) -- Application for remission submitted by convict without entering portals of prison even for a day in pursuance to sentence imposed - Application entertained by Govt. without calling for opinion of presiding Judge who confirmed conviction - File circulated to Governor without the..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statements of some of the eye witnesses - This aspect has to be seen in the background of the facts and circumstances of the case - Whether or not delay has affected the credibility of the prosecution is a matter on which no strait jacket formula can be evolved nor any thumb rule prescribed for universal..........
Criminal Procedure Code, 1973, Section 161 -- Witnesses - Statement - Not obligatory on part of IO to record statements - However, discretion to be exercised not unfettered - Statement can also be recorded by audio video electronic means...........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C. during investigation are not substantive piece of evidence but can be used primarily for a very limited purpose that is for confronting the witnesses...........
Criminal Procedure Code, 1973, Section 161 -- Case transferred to CID for investigation - Order for investigation afresh - Witnesses can be examined afresh...........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. by the investigating agency - Held, said statements can be used for the purpose of contradiction and not for the purpose of corroboration...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C. of all the persons whom the prosecution proposes to examine as its witnesses should be produced in Court and copies supplied to accused...........
Criminal Procedure Code, 1973, Section 161 -- Signatures obtained on statement u/s.161 Cr.P.C. - Obtaining signatures on statement u/s.161 Cr.P.C. is prohibited by S.162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Witnesses not examined immediately at the time of inquest or thereafter - The mere fact that they were not examined during the inquest is of no consequence - It is nobody's case that they were present at the time of inquest and yet their statement was not recorded by the IO...........
