Wheather the statement is valid?
Anonymous
(Querist) 29 September 2016
This query is : Resolved
Sir, Police has shown my statement(injured) under 161 crpc which is not the one which i have given as it does not have my thumb impression or signature on it
Also doctor has given my fitness for statement on 08/08/15 and i have given my statement on same day but police has not put that statement in challan.they have fabricated a new one and date has shown 09/08/15 that also not bear my signature or thumb impression
1)So whether that statement(under 161 without my signature) is valid or not?
I have named four persons on 08/08/15 in my statement but the one on 09/08/15 (fabricated one without my signature)has only 3 persons by police so i want that person under section 319 crpc
2)So whether the fourth person can be summoned or not? As lower court has shown it an improvement by me(injured) considering my statement under 161 which does not have the name of fourth person and dismissed by application under 319 to summon the fourth person( Fourth person is also in disclosure statement of other co accused)
Tell me some law point or procedure to prove that the one statement on 09/08/15 is fabricated as it does not have my signature so that my statement as witness in court be cosidered as my 161 statement as the one on 08/08/15 is not on file
Raj Kumar Makkad
(Expert) 29 September 2016
Signature of witnesses are not obtained on their statements recorded under section 161 Criminal Procedure Code and those can only be used to contradict the witnesses at the time of their deposition before the trial court.
If police had not challanned the 4th accused then you must have filed a criminal complaint under section 200 Criminal procedure code immediately.
I think this is the stage of prosecution evidence and during your deposition, you have named 4th accused and thereafter you moved application under section 319 which stands dismissed on the ground that in your statement dated 09.08.2015, he is not named.
As it is very difficult at this stage that originally you had made a signed statement on 08.08.2015 and the statement of next day without bearing your signature actually is not yours.
As this is State case so better to confine against only 3 accused already facing trial. Your fight should not be against prosecution rather against accused at this stage.
Even if you are of other mind then the option to file revision against said order is open for you.
Guest
(Expert) 29 September 2016
Why worry, there was no need for you to put signature or thumb impression on the statement given to the police. That is immaterial. Think about what statement your have recorded before the judge. Judge can rely on that, if not scuttled down by the opposite party.
Raj Kumar Makkad
(Expert) 29 September 2016
@Dhingra sir! The complaint which is base of filing FIR is required to be signed by complainant without which FIR cannot be lodged.
If that statement/complaint is not signed then the base of the case crumbles which creates doubt over the action of police, however, the author is required to clarify more facts related to this aspect.
Guest
(Expert) 29 September 2016
Makkad ji,
The author has nowhere stated that he was the complainant or his statement was recorded on his own complaint or someone else's complaint.
Hope, you may like to appreciate that the present query is merely of an academic interest, as is not from a layman facing any problem during trial. He has also not stated for what purpose he wants to know the validity of the statement, as if his lawyer/ public prosecutor or judge were merely dummies not able to take notice on the status of his statement.
A layman cannot be expected to know what is what of section 161 or 319.
Evidently the author, supposedly a law student, desired to know about the validity of the statement given under sec. 161, just to solve his academic query.
So, I don't think, we should take so much pain to analyse the situation in deep and continue our dicussion in such a hypothetcial case and merely prove as his tools to provide tutorials to the author.
Guest
(Expert) 29 September 2016
A layman cannot be expected to know the intricacis of section 161 or 319. He would simply try to tell that his statement is true of false, as recorded by the police and what he should do, but not to ask for the validity of his statement.
Had he been the part of any litigation, he could well have confirmed that aspect from his own lawyer or even the public prosecutor.
Raj Kumar Makkad
(Expert) 29 September 2016
principally I do agree with the observations of Ld. Dhingra ji. The sequence of events narrated by author do show that he is the complainant in the given case otherwise his statement cannot be contrary to statement of the complainant.
The application under section 319 cannot be moved other than the complainant through PP.
So all these facts do show that he is the complainant may be this query hypothetic but facts do constitute that the author is the complainant in the given case.
Guest
(Expert) 29 September 2016
Makkad ji,
I don't think we should exercise discretion for making our own presumption in the absence of the author's clarification.
Even then, there seems no logic in his question unles he gets clarification for his doubt from his own lawyer or the public prosecutor. His question could have valid to be put here had he not been satisfied with the opinion of his own lawyer/ public prosecutor.
Raj Kumar Makkad
(Expert) 29 September 2016
I do agree with the observations of Ld. Dhingra ji. The author has not posted the opinion of his lawyer.
P. Venu
(Expert) 30 September 2016
The author's profile reveals that he too much of a busybody in this forum.
Anonymous
(Querist) 30 September 2016
sir actualyy i am the injured and the complainant is my friend who was with me at that time the statement under 161 of mine is the same like the complainant which was not given by me as i have given the name of all the 4 accuseds on 08/08/15 but police has copied the statement of complainant (which has 3 persons) and they show it as mine on 09/08/15 without any signature on my statement
Now as witness i have given the name of all 4 and in 319 the trial court rejects to summon the 4th person by saying it an improvement relying on my 161 statement(on 09/08/15) and complainant's also
Guest
(Expert) 30 September 2016
Mr. Gurvinder,
Artificiality is very much evident from your latest clarification.
You have nowhere stated the nature of event, how you were injured, how the police came in to picture, who was the complainant, what was the result of medical examination, how you believe that the three or four prsons were at fault, in what way you link section 319 with your statement, why you have not asked the questions you put to the experts here from your own lawyer, or the prosecution lawyer, and if asked, what was their reply to your questions, etc.
All these things clearly reveal that yours is merely an academic query, not a real time problem.
Even otherwise also, your activity on your profile reveals that all of your questions were academic questions.
So, don't try put the experts in a testing position or to treat them as fools.
Raj Kumar Makkad
(Expert) 30 September 2016
Unless an author comes with full relevant facts, none can provide definite reply and if answer is based upon surmises and presumption then you can imagine its relevance.
Rajendra K Goyal
(Expert) 30 September 2016
Agree with the expert raj kumar makkad.
