accused as such a statement is not substantive evidence. It may
be reiterated that statement under Section 164 Cr.P.C. can only
be used ... substantive evidence.
Statements under Section 161 CrPC can be
used only for the purpose of contradiction
and statements under Section 164 CrPC
substantive evidence. Statements under Section
161 CrPC can be used only for the purpose of
contradiction and statements under Section 164
CrPC ... whose statements are recorded
Crl.A. No.28 of 2017 20
Garja Bir Rai vs. State of Sikkim
under Section 164 CrPC, such
over the medical
evidence. Her statement recorded prior in time under
Section 164 of the Code of Criminal Procedure, 1973
(Exhibit-P1/PW-1) also ... statement recorded by the Judge. Before
proceeding further on this facet, it may be clarified
that the statement made under Section 164 of the
gaping hole in the Prosecution case.
(ii) Although the statement under Section 164 Cr.P.C. was
referred to by Learned Counsel for the Appellant ... substantive evidence.
Statements under Section 161 CrPC can be
used only for the purpose of contradiction
and statements under Section 164 CrPC
examined the Respondent under
Section 313 of the Code of Criminal Procedure, 1973 (hereinafter,
the " Cr.P.C ."), enabling him to explain ... substantive
evidence. Statements under Section 161 CrPC can be used
only for the purpose of contradiction and statements under
Section 164 CrPC
During investigation, the victim‟s statement under
Sections 161 and 164 of the Code of Criminal Procedure, 1973 (for
short, " ... given your statement earlier?
Ans. Yes, I also gave a statement in the Soreng
Court. (Statement of the victim recorded under
Section 164 ,
Section 164
Cr.P.C. observed as follows;
"6. ........................................................................
(i) It is now no more res integra that the
contents of Section 164 ... substantive evidence.
Statements under Section 161 CrPC can be
used only for the purpose of contradiction
and statements under Section 164 CrPC
further contended that the
statement of P.W.4 under Section 164 Code of Criminal Procedure,
1973 (for short " ... Prosecution case cannot be filled by
resorting to the statement under Section 164 Cr.P.C. first, and
treating it as substantive evidence, which
terms of Section 428 of the
Code of Criminal Procedure, 1973 (for short, " Cr.P.C .").
Crl ... Judgments propounded
the relevance of Section 164 Cr.P.C. Statement. The Statement of
Crl. A. No.04 of 2021 13
Bijay Chettri vs. State
birth being 09-05-2007. Relying on the Section 164 Cr.P.C.
statement of the victim, it was contended that, she had given
specific ... statement recorded by the Judge. Before
proceeding further on this facet, it may be clarified that the
statement made under Section 164 of the
