Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. by the investigating agency - Held, said statements can be used for the purpose of contradiction and not for the purpose of corroboration...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C. of all the persons whom the prosecution proposes to examine as its witnesses should be produced in Court and copies supplied to accused...........
Criminal Procedure Code, 1973, Section 161 -- Signatures obtained on statement u/s.161 Cr.P.C. - Obtaining signatures on statement u/s.161 Cr.P.C. is prohibited by S.162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Witnesses not examined immediately at the time of inquest or thereafter - The mere fact that they were not examined during the inquest is of no consequence - It is nobody's case that they were present at the time of inquest and yet their statement was not recorded by the IO...........
Criminal Procedure Code, 1973, Section 161 -- Delay in sending statements recorded u/s 161 Cr.P.C. to the Court - Explanation of I.O. available on record - Reasons beyond control of I.O. - Nobody's case that such statements were not recorded by I.O. at all - Not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - In case of delay in examination of witnesses in the manner of investigation the same is not a ground to condemn the witness - S.162 Cr.P.C. is very clear that it is not mandatory for the police to record every statement - Law contemplates a situation where there might be..........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - When delay is explained, whatever be the length of the delay, Court can act on the testimony of the witness if it is found to be cogent and credible...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of a witness - PW2 was conscious through all the night and yet the statement not recorded at the initial stage - He became unconscious only at the time when general anesthesia was given to him at 11.40 a.m. the following day - Delay in recording statement of PW2 cannot be easily brushed aside...........
Criminal Procedure Code, 1973, Section 154, 161 -- FIR - Can be recorded on the basis of statement u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Power of President/Governor of State to grant - Act of remission does not undo what has been done judicially - The punishment awarded through judgment is not overruled - Convict only gets benefit of liberalized policy of State of pardon - This..........
