Mastan 24 September 2019

161(3) statement

One person Ramu committed a crime on January 1st , a case booked on him and he gone in undercover(hidden or abscond) and in efforts for getting anticipatory bail. And he got Anticipatory bail after 15 days.

Now in another case, the same station IO where ramu's case booked on january 1st has shown him as witness and recordeded his 161(3) evidence statement on January 4th. Now is it valid? as he is on the run (in hide (or) abscond) to get AB.

Can we file a criminal case on IO for submitting wrong and misleading 161(3) statement like this.

Or shall we keep quite now and raise this point at the time of cross examination to make that particular RAMU's 161(3) statement and his witness given in court to get invalid AS HE IS NOT THERE AT THE RECORDED DATE of 161(3) evidence statement.

Please give suggestion dear learned members

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3 Replies

G.L.N. Prasad (Retired employee.) 25 September 2019

Remain as ignorant, and shoot at cross-examination and submit such documents before the court.

1 Like

Mastan 29 September 2019

Thanks prasad sir. Please suggest when this fact to be rised in court before or after cross examination? Police had used this particular Ramu 161(3) statement just to protect one fellow being get charged by court because of other LW statements about that fellow. The police particularly chosed this RAMU 161 statements just to present their cooked up story in charge sheet which is quite different and not matching with other LWs statements.

G.L.N. Prasad (Retired employee.) 29 September 2019

Such facts are to be reserved to shock the witness in cross-examination and your advocate can tackle it in an appropriate manner. Keep this as confidential and surprise the witness during cross-examination.