Code Of Criminal Procedure,1973 and Indian Evidence Act,1872

Querist : Anonymous (Querist) 31 May 2011 This query is : Resolved
I would like to ask that if the victim of crime gave statement during the course of investigation under section 161 Cr.P.C to police officer and then her statement is recorded under S.164 Cr.P.C and she also depose before the court in trial and the said statements are contrary to each other than what is the evidentiary value of the said statements.

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Dr V. Nageswara Rao (Expert) 31 May 2011
There is no ready-made yes or no answer for this. It depends on the totality of the evidence and whether any of her statements are corroborated by other evidence. We cannot say that the statement recorded by the Magistrate gets automatic preference. It depends on the Court's appreciation of evidence. S. 161 statements are,as a rule, inadmissible. The only statement that is made on oath and subject to cross -examination in the open Court is her deposition.