false 161 statement prepared by police


One of my friend is falsely framed in a dowry case by his in-laws. The police instead of making proper inquiry, supporting the complainant as they are highly influential and one of their family member is working in police department.
now the police is prepares false sta rement 161 of few people without even talking to the witnesses and submitted the chargeaheet. my query is, is there any provision in law to do something about this injustice? please help .
 
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practicing lawyer

Section 161 Of Crpc talks about the collection of stetments of witnesses  who  are acquainted with the facts and circumstances of the case, prepared by the police officer, But every witnesses those whose statement has been reduced by the police officer in wrting shall have to come before the court for examination of his own statement, which he has made before the police officer and every witnesse has to examine by the   Counsel of the accused person so that validity of the person and his statement can be shake off to bring the truth before the court of law...

 

Section 137 in The Indian Evidence Act, 1872
137. Examination-in-chief.—The examination of a witness by the party who calls him shall be called his examination-in-chief. Cross-examination.—The examination of a witness by the adverse party shall be called his cross-examination. Re-examination.—The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
Regards
Jaspal S Maini (Adv)
9999987283
 

 


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Fabrication of statements of the so called witnesses are very common under section 161 Cr PC. There are hundreds of instance in the court, where the so called witnesses have denied in having met or seen the investigation officer ever, but no penal action is recommended by the court against the fabricator I.O. My suggestion is that, if the alleged or so called witness appears before the court for giving evidence, he without hesitation ought to deny having any role in his alleged statement under section 161 Cr PC, then prosecution will be left red faced and cannot even declare him hostile, for his cross-examination by himself/herself. (Prosecution means the PP or APP).
 
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