hello sir plzz explain me how that contradict of 161CrPc can be brought on record during trial with an example .... i am very confused
It will be very helpful for me
Suneet Gupta (www.vashiadvocates.com) 21 July 2014
Dear Brother Advocate,
Please state your problem clearly. What contradiction do you want to bring on record. If there has been any discrepancy in recording of witness statements by the police the same can be put brought on record during examination / cross-examination of the witnesses. At the preliminary stage it can be brought on record through written arguments at the time of framing of charge sheet or during bail arguments, etc.
Nadeem Qureshi (Advocate/ email@example.com) 21 July 2014
Vijay singh (executive) 21 July 2014
A Statement recorded in 161 of PW is totally mum on the incident, where he talks about procedure of selection etc only. In 164 after 07 months he elaborated how he paid money by arranging amount from his father via his brother, who lived 75 kms away for securing his job to give the amount to the accused and in trial contradicts his earlier two statements, i.e. 161 and 164 to some extent. During trial, He says I do not know why IO had not written my statement in 161 as I told him, He says my brother (who was a candidate) came with the money ( in 164) He says in cross that he had said the things according to the slip given to me (by IO). He does not mention of his father and brother before the court, now says he gave money on demand by accused 1. He even says that he got 10k returned out of 25k. On cross examination he said I did inform about demand of money by accused 1 to the Addl Dir (accused-2) and not to HoD (accused-3) who had since been discharged by Honble H C. He admitted he did not complain it to higher ups or police. The brother in question, presented by prosecution turned totally hostile and did not support his brothers theory and any transaction as well as his recorded 161 statement where he was made to record that I brought 25k from my father and my bro took me to accused 1 s room where money was handed over. The case is of PC Act Sec 8, 13 (1) and (d) being tried in Special Court of CBI.
Accused and the PW concerned are working in a same government setup as boss and subordinate
What will be the effect of the witnesses on the outcome? Is the witness reliable? Wt will b the outcome of his brothers testimony contradicting his 161 and his brothers claim?
T. Kalaiselvan, Advocate (Advocate) 22 July 2014
Contradictions in 161 statement are common, until there is a glaring and significant difference or contradiction which may affect the prosecution, he routine aspect depends on how the case has been prosecuted and also how the court observed it.
Vijay singh (executive) 23 July 2014
How much glaring and significant contradiction can be there in 161, 164 and in trial that the witness has not uttered a single word or even hinted at some transaction which could have been taken place,in his 161, but in 164 he narrates the story, improved it in trial statement omitting some facts and adding some.