Criminal Procedure Code, 1973, Section 161 -- Statement of eye witnesses recorded u/s 161 Cr.P.C. one month after date of incident - Delay weighed heavily against prosecution to infer the possibility of these witnesses being planted witnesses...........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. - Cannot be the basis to convict accused and that too for a serious offence of murder - Such statement is used merely to contradict a witness with his previous statement...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C by a police officer during investigation - Cannot be used as evidence, albeit accused may use a part of statement in terms of S.162 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement submitted by witness himself to I.O and I.O assured its genuineness and same if reduced in writing shall be a statement duly recorded u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement of a witness can be taken to be statement u/s 161 Cr.P.C. when it was reduced in recording in case diary in presence of witnesses as well as I.O has made questions also which are also reduced in writing along with answers...........
Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Non examination of witness despite being available may call for an explanation from the Investigating Officer - It only causes doubt in the mind of Court, which is required to be cleared...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Mere delay in recording statement u/s 161 Cr.P.C is not sufficient to discard evidence of witnesses out rightly...........