IF IN A CASE OF 506 , THE 161 STATEMENT OF A WITNESS IS NOT AT ALL RECORDED, THEN DOES THE ENTIRE CHIEF EXAMINATION AMOUNTS TO IMPROVISING , ISN'T IT.OR NOT?
IF ANY CITATION REGARDING THIS PLS POST.
K.C.Suresh (Advocate) 01 February 2010
CIRCUMSTANCES ARE IN FAVOUR OF DEFENSE IF THERE IS NO 161 STATEMENT. 161 STTAEMENT IS NOT ADMISSIBLE IN EVIDENCE AS SUCH. ONLY CAN BE USD FOR CONTRADICTIONS. sO THAT BBENEFIT THE DEFENSE WILL GET.
VIPIN SHARMA (Mob.-9610000043) (ADVOCATE) 01 February 2010
Statements u/s 161 Cr.P.C. are not admissible in evidence it can be used for contradiction purposes. If some one's statement u/s 161 Cr.P.C. has not been recorded still prosecution can examine such witness with permission of the court.
Vipin Sharma, Advocate
337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001
ramprasad reddy. pottipati (Lawyer) 01 February 2010
U have not stated that whether the witness is the victim or not . The prosecution can make any witness additionally, eventhough he was not cited a witness in the charge sheet. If the name of a witness in the charge sheet not examined by the I.O under 161 Cr.P.C u can take it as advantage. U better go through the part I C.D, it clearly reveals the investigation conducted by the I.O. Moreover 506IPC is a non-cognizable offence and Sec 155 Cr.P/C is a mandatory.
harish prabhu (advocate) 01 February 2010
In this case , its not the victim sir, but he happens to be the brother of the said victim, they have also made a additional witness, who is not in the charge sheet, and then IO has not been examined either, and also only 2 independent witnesses, all others are related with each other, but don't know y the lower court has convicted him in the case, we r only 6 months into profession and my buddy is going before the high court bench on next tuesday. so any related citations would be helpful,,,,,,thank u brothers for ur priceless advises
Harish - I like to help new comers. Since you have mentioned you are one, I have gone out of the way and searched one citation which may be helpful to you. Full judgement you will get from www.indiankanoon.org for free.
”Examination of witness whose statement has not been filed with charge sheet, permissible only when prosecution established that said witness was examined during the investigation and only due to inadvertence his statement could not could not be filed along with the charge sheet”
I hope the above will be useful to you. If I get time I will search more for you.
harish prabhu (advocate) 02 February 2010
Thank you very much Menon Sir, V are very much dedicated to the profession sir, since i came into profession i have seen many of my classmates taking other jobs as they r not able to cope up with the advocacy pressure, by very few of us r determined to fight it out, its a pleasure to have helping hands of senior counsels.....thanking you.............
SUBRAMANIAN (CFO) 15 January 2011
the statement recorded from witness u/s 161 filed along with charge sheet in a delayed manner.what will be the impact!any APEX JUDGEMENT TO THIS EFFECT!