Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of witnesses - Does not necessarily discredit their testimony - Court may rely on such testimony if it is cogent and credible and delay is explained to the satisfaction of Court...........
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 154, 161(3) -- Multiple FIRs - More than one FIR in relation to same incident or different incidents arising from the same occurrence - Different offences committed in the course of same transaction - First FIR related to all incidents that took place in the course of same transaction - Many occurrences at one and same time and some..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Statement cannot be used for any purpose other than one permissible u/s 162 Proviso Cr.P.C - Such statement can be used to contradict witness in the manner provided u/s 145 of Evidence Act and also for the purpose of re-examination, if statement was used for contradiction, but only for the purpose of..........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 161 -- Cross-examination - Questions asked in cross-examination cannot be overruled on ground that same are beyond as to what is stated in statement u/s 161 Cr.P.C. and are not relevant...........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement u/s 161 Cr.P.C. - If Court has not put any question to witness with reference to his statement recorded u/s 161 Cr.P.C., it is impermissible for Court to use that statement later even for drawing adverse impression regarding evidence of that witness...........
Criminal Procedure Code, 1973, Section 161 -- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4 is rendered suspect and must be..........
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...........
