under section 376 IPC (Ext.Ka7). On the basis of statement recorded under section 164 Cr.P.C and the medical examination conducted ... investigate the case under Section 376 IPC. He got the statement recorded under Section 164 , Cr.P.C. of the daughter of deceased and submitted
Judicial
Magistrate under Section 164 of the Code of Criminal Procedure (for short,
‘the Code’). On 17.09.2019, an application was filed by the Appellant that ... contents of such statement under Section 164 CrPC
9
CRIMINAL APPEAL NO.659 OF 2020 @ SLP (CRL.)NO. 10401 OF 2019
MISS
ignored a fundamental rule of criminal jurisprudence
that a statement of a witness recorded under Section 164
Criminal Procedure Code cannot be used as substantive ... Code of Criminal
Procedure had come into force. The wordings of S. 164 in
the new and old Code of Criminal Procedure with little
changes
regard to the nature of the statements. A statement recorded by a Magistrate under Section 164 , Criminal Procedure Code, in the course of an investigation ... recording the statement under Section 164 , Criminal Procedure Code, was a ' Court ' under the Code of Criminal Procedure . In my opinion there
provision or procedure for taking on record the pre-recorded statement by
way of statement u/s 164 Cr.P.C. Reference in this regard ... statement
referred to in the statement recorded by learned MM is a typed statement
which runs into 9 pages. Section 164(4)
statements given at the time of the
recordings of the MLC, the FIR and the statement under Section 164 CrPC
are all mitigating ... stated there
are discrepancies between the statement of the doctor, the FIR and the
statement under Section 164 CrPC. Looking at the respective
provisions in Section 164 of the Code of Criminal Procedure in the light
of Section 463 of the Code as in our opinion the fact ... Section
(5) of Section 164 of the Criminal Procedure Code which runs as:--
"Any statement (other than a confession) made under sob-
section
regard to the nature of the statements. A statement recorded by a Magistrate under Section 164 , Criminal Procedure Code, in the course of an investigation ... recording the statement under Section 164 , Criminal Procedure Code, was a Court' under the Code of Criminal Procedure , In my opinion, there
from his statement under Section 161 Cr.P.C. but admitting the statement and that recorded by the Magistrate under Section 164 ... hesitant in giving their statement. They were, therefore, produced before the Magistrate also for recording their statement under Section 164 Cr.P.C. He further
managed by his nephew Mukesh Kumar Gupta. In his
statement under Section 164 Cr.P.C. Mukesh Kumar
Gupta also confirmed his statement recorded under ... witness resiled from
his statement in court and stated that the statement made
before the Magistrate under Section 164 Cr.P.C. was
under police
