Criminal Procedure Code, 1973, Section 164 -- Statement of victim/complainant - Statement recorded u/s 164 Cr.P.C. is not substantive evidence and cannot be used except to corroborate or contradict the witness...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - A corroborative piece of evidence - A corroborative piece of evidence can only corroborate a substantive piece of evidence and not another corroborative piece of evidence...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C. - Proof of - Examination of Magistrate who recorded the statement - Held, trial Court should summon the Magistrate who recorded 164 statement only when witness denies or disowns the statement...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 164 -- Rape - Conviction - Validity - Conviction simply based on statement of victim recorded u/s.164 Cr.P.C. - No other substantial material to uphold conviction - Conviction liable to be set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. voluntary, without any coercion or duress - Statement in Court unbelievable, untrustworthy and unreliable - Both statement absolutely irreconcilable - Held, first version recorded u/s 164 Cr.P.C. is believable and statement made in Court is unbelievable, untrustworthy and unreliable - No reliance can..........
Indian Penal Code, 1860, Section 376, 366, 346, Criminal Procedure Code, 1973, Section 164 -- Rape & Kidnapping - Prosecutrix in her initial statement u/s 164 CrPC stated that accused is her friend & they went for roaming - Prosecutrix in fact admitted that accused had not taken her out, rather she had gone with him - She did not make any hue & cry attracting passerby,..........
Indian Penal Code, 1860, Section 191, 193, Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s.164 Cr.P.C. - False evidence - Applicability of S.193 IPC - Statement of juvenile recorded u/s.164 Cr.P.C. without administering oath - Held, S.191 IPC is not attracted - No question of application of S.193 IPC - Moreover statement of witnesses before..........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Recording of - Held, although no hard and fast rule can be framed as to the time which should be allowed to accused person before recording confessional statement u/s.164 Cr.P.C. - However, minimum 24 hours time should be granted to accused to rethink before giving confessional statement - Judicial..........
Air Force Act, 1950, Section 39(a), 161(1), 164 -- Court-martial - Sentence of imprisonment - Setting off pre-trial detention against sentence - Held, pre-trial detention cannot be set off against sentence of imprisonment passed by Court-martial for offence u/s.39(a) which has been affirmed u/s.161(1) of the Act and period of sentence shall commence from date when original..........
Air Force Act, 1950, Section 39(a), 161(1), 164 -- Pre-trial detention - Set off against term of imprisonment - Absence of provision in Act - Held, it is recommended that Govt. should consider to incorporate such provision in Act so that hardships faced by persons convicted by Court-martial are avoided...........
