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A perusal of the above said directions indicate that the trial Court has formed an opinion that the witnesses have not explained as to why their statements were recorded wrongly by the Investigating Officer. The Court observed that in their earlier statements the witnesses have got recorded the names and father's name of the assailants also but while appearing in the Court as PWs, they had not stuck to their said statements by stating that they could not identify the assailants. The said PWs have intentionally and willfully given a false evidence with intention that the said evidence will be used in the trial to help the accused. The trial Court has opted to take action under Section 344 Cr.P.C., with a presumption that the statement given by the petitioner under Section 161 Cr.P.C., was false evidence given by him with an intention that such evidence would be used in the proceedings. It is settled principles of law that CRR-1039-2013 (O&M) statements under Section 161 Cr.P.C., are not to be considered as evidence and Section 162 Cr.P.C., prohibits the use of said unsigned statement for any purpose during the course of any enquiry or trial pertaining to any offence except that the said statements can be used for contradicting the witness in the manner provided by Section 145 of the Evidence Act. Statement under Section 161 Cr.P.C., could have been put to the petitioner to contradict him in his cross- examination for confronting him with his statement under Section 161 Cr.P.C.