No statements of independant witnesses
velmurugan
(Querist) 25 July 2015
This query is : Resolved
Respected Ld.Counsels,
It is a bribery case under sections 120B of IPc and sections 7,12,13(1) r/w 13(d) of PC act, following a ACB raid(not a Trap case-Accused were not caught redhanded),
The chargesheet has already been filled.and me,being one of the accused, received the copy of the same with its annexures including 161 statements of all witnesses.
while the ACB officials and the 2 independant witnesses(for post-raid proceedings only) are listed as prosecution witnesses,no statements of theirs is furnished alongwith.
Is it normal?..Thank you!
seshadri dubey
(Expert) 25 July 2015
it is very normal.
It is not necessary or mandatory that the police will record the 161 statement of all the witnesses
seshadri dubey
(Expert) 25 July 2015
it is very normal.
It is not necessary or mandatory that the police will record the 161 statement of all the witnesses
Dr J C Vashista
(Expert) 25 July 2015
I agree with the expert advice of Seshadhri Dubey
Rajendra K Goyal
(Expert) 25 July 2015
Witnesses need to be during their depose.
velmurugan
(Querist) 25 July 2015
Thank u so much for your replies. one more question..
velmurugan
(Querist) 25 July 2015
Thank u so much for your replies. one more question..
In this case, how one can bring out contradictions during cross examination?
as there is no previous statement,except the Panchnama, signed by the independent witnesses.
thank you
seshadri dubey
(Expert) 06 August 2015
Sorry I withdraw my earlier reply, as I replied thinking or taking some other consideration into my mind.
The police must record the 161 statement of the witness otherwise the witness can not be contradicted and he will be given an wide opportunity of chasing behind the wild bulls.
velmurugan
(Querist) 11 July 2016
I request the eminent counsels to kindly give a unanimous and correct reply.....
Thanking you
seshadri dubey
(Expert) 11 July 2016
sorry Mr. Velmurugan if the police has not recorded the 161 satement then the benefit will go in favour of the accused person....sorry again
Sudhir Kumar, Advocate 
(Expert) 18 August 2018
http://www.lawyersclubindia.com/experts/Presence-of-pleader-before-Framing-of-charge-526136.asp
http://www.lawyersclubindia.com/experts/no-Witness-statement-540026.asp
http://www.lawyersclubindia.com/experts/evidentiary-value-of-the-shadow-witnesses-540371.asp
http://www.lawyersclubindia.com/experts/Arguing-one-s-own-criminal-case-542391.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
http://www.lawyersclubindia.com/experts/Marking-defence-exhibits--551201.asp
http://www.lawyersclubindia.com/experts/contradictions-during-cross-examination--550226.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
Why are you spreading facts on different pages. You gain nothing out of it rather run the peril of getting wrong advise based on half facts.
