SK.Kaleem Pasha 21 July 2018

two 161 statements of a witness

in a 498A case there r two different 161 statements of a witness.. one i.o recorded one statement and 2nd statement was recorded by another i.o with all improvements after the transfer of 1st i.o.. in such case which 161 statement of a witness can be considered??? Any citation???

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Raghav Arora 22 July 2018

HI! Thanks for the question!

It has not been clarified by you that who's witness are you talking about? The prosecution witness or the defense witness.

However, benefit of the contradiction/improvements recorded by the I.O under sec 161 always go to the accused if you are a prosecution witness. Neither of the statements will be relied upon by the court. Witness will hold no value.Also, the contracdiction in the two statements will affect the decision of the court. If it is an ignorable one , then the court shall not take any adverse step.

If the statements that are contradicting come from the accused, the favor shall incline towards the complainant.

In both the cases, scrutiny will take place and only then any decisoon will be taken. Seriousness in pivotal.

Good Luck!

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