Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and PW9 - Same was sought to be..........
Evidence Act, 1872, Section 154, Criminal Procedure Code, 1973, Section 161 -- Hostile witness - PWs turned hostile, however, their alleged statements made to police u/s 161 Cr.P.C. were not confronted to them and marked as exhibits - Even I.O has not spoken in his evidence anything about the alleged statements of hostile witnesses recorded u/s 161 Cr.P.C. - No reliance..........
Criminal Procedure Code, 1973, Section 161(2), Constitution of India, 1950, Article 20(3), 21 -- Narco-analysis polygraph test (Lie-detector test) and BEAP (Brain Electrical Activation Profile) test - Without consent of accused and against his will - It is violative of `right against self-incrimination' guaranteed u/arts 20(3), 21 of Constitution and also violative of..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by prosecution but with the leave of Court..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Neither PW1 nor investigating officer confronted with the statement and questioned about it - Statement of PW1 recorded u/s 161 Cr.P.C cannot be looked into for any purpose much less to discredit the testimony of PW1 and prosecution version...........
Criminal Procedure Code, 1973, Section 161 -- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
Criminal Procedure Code, 1973, Section 161 -- Delay in examination of witnesses by police - Depends upon various factors including preoccupation of I.O with other cases and no, availability of witnesses - Any delay in examination of witnesses during investigation cannot alone be a ground to discredit the witnesses if they are otherwise credible...........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
