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 recorded u/s 161 Cr.P.C - Where the witnesses have turned hostile, their statements recorded u/s 161 Cr.P.C, cannot be read either as a substantive piece of evidence or as corroborating prosecution story...........
Criminal Procedure Code, 1973, Section 161, 164, Evidence Act, 1872, Section 32 -- Statement of prosecutrix (now dead) u/ss 161, 164 Cr.P.C - Statement itself is not admissible in evidence because statements u/ss 161, 164 Cr.P.C do not cover purview of S.32 Clause 1, 3 to 8 of Evidence Act - So far as S.32(2) of Evidence Act is concerned, statements are not available on..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses including u/s 164 Cr.P.C were..........
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 161 -- Statement u/s 161 Cr.P.C. - Not obligatory/mandatory on police officer to record the statement of all witnesses examined by him during course of investigation - But if the statement of any witness is recorded u/s 161(3) Cr.P.C.by I.O during questioning, it shall be forwarded to Magistrate and a copy of the statements shall 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 -- 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 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 -- Statement before police - Evidentiary value - Held, statements made to police during investigation not substantive piece of evidence - Statements recorded u/s.161 Cr.P.C. can be used only for the purpose of contradiction and not for corroboration...........
