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28. In Tahsildar Singh and others Vs. The State of Uttar Pradesh AIR 1959 SC 1012, six Judges Bench of the Apex Court observed that the statements recorded by the police officer during the course of investigation can only be used to contradict the evidence and not for other purpose. Further three Judges Bench of the Apex Court in V.K. Mishra and another Vs. State of Uttarakhand and another (2015) 9 SCC 588 after scrutinizing the scope of Section 162 Cr.P.C. observed in paragraph 16 as follows:-

"Section 162 Cr.P.C. bars use of statement of witnesses recorded by the police except for the limited purpose of contradiction of such witnesses as indicated there. The statement made by a witness before the police under Section 161(1) Cr.P.C. can be used only for the purpose of contradicting such witness on what he has stated at the trial as laid down in the proviso to Section 162(1) Cr.P.C. The statements under Section 161 Cr.P.C. recorded during the investigation are not substantive pieces of evidence but can be used primarily for the limited purpose: (i) of contradicting such witness by an accused under Section 145 of the Evidence Act; (ii) the contradiction of such witness also by the prosecution but with the leave of the Court; and (iii) the re-examination of the witness if necessary."