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...........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in matter of investigation and it is not desirable to make available police diary to accused on his demand...........
