Victim (..) 18 April 2012

Prosecution witness (161 statement) not supporting the case

Hello,

My chargesheet is filed and charges are to be framed in next date of hearing.

Prosecution has attached 161 statement of an independent witness (other than complainant and her parents) who do not support the prosecution case. It says no such thing happened (as alleged by complainant).

Kindly advise if this is sufficient for DISCHARGE ? If you have any judgments/citations, kindly share.

Thanks in advance,

victim of false cases

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 April 2012

At the stage of discharge the judge has to form a prima facie opinion as regards the case on the basis of material adduced by the prosecution only, if the prosecution has included 161 statement not supporting it's case - you can use the same to argue that the charge is groundless and you are entitled to discharge.

N.K.Assumi (Advocate) 18 April 2012

Statements recorded under section 161 of the code has a limited use only to contradict the author of the statements in the manner porovided under the provisio to section 162 of the code. It is also to be noted that FIR is not a substantial piece of evidence. Rajendra Singh vs State of PU -(2007) 7 SCC 378 SC.