karthik (advocate) 30 May 2010
In a criminal case, in the confessional statements of the accused, a person has signed as a witness in the confessional statement. But police has not recorded his statement under 161(3) of crpc but his name appears in the list of witness. Can be treated as a witness and be examined? Kindly reply and cite any case laws.
Swami Sadashiva Brahmendra Sar (Nil) 30 May 2010
He can be examined.
Swami Sadashiva Brahmendra Sar (Nil) 30 May 2010
Recent trend of police story is steriotyped relying on two facts - 1. recovery on the basis of extra judicial confession and 2. last seen evidence .
bhupender sharma (head) 03 June 2010
it is not fesible to examin the sameas there is no statement recorded by the investigation officer.
G. ARAVINTHAN (Legal Consultant / Solicitor) 06 June 2010
If his name finds name in the list of witness in the charge sheet, he can be examined and his evidence is valid
G. ARAVINTHAN (Legal Consultant / Solicitor) 06 June 2010
If his name finds name in the list of witness in the charge sheet, he can be examined and his evidence is valid
-RKK- (Advocate) 06 June 2010
A statement under section 161of CrPC is not a mandatory pre-requiste for a witness to be examined in a criminal trial. Despite there being no statement under section 161, the witness can be validly examined by the prosecution. If his name does not appear in the list of witnesses, all that the prosecution needs is the permission of the court to examine him. Further, the confessional statement before an IO will have no value. Possibly it is not a confessional statement but a disclosure statement, which too has no value unless there is/are corroborating discoveries. The witness to the confessional statement has no legal sanctity. He may be examined to establish that confession(??) statement was given while he was present, but the validity of any such statement and witness to such statement is quite in doubt.
harshit saxena (student) 31 August 2010
Its a basic rule of law that party to any suit/case as the case may be,has right to produce any witness who may proove his case...here the statement of accused was witnessed by any person,he may be examined by prosecution whether his/her name is mentioned/not mentioned in charge sheet....
A statement under section 161of CrPC is not a mandatory pre-requiste for a witness to be examined in a criminal trial.
As accused is provided copy of police report and other documents,u/s 207 of cr.p.c.,he had copy of his confessional statement,and he can be cross examined by accussed....
Indian Evidence Act also provides that any witness who is competent to give evidence can be produced as witness u/s118
kuldeep kumar (lawyers) 26 August 2011
from the above discussion i want to know is signature required from any person other than accused and magistrate?
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