would submit that the language of Section 164(1) is clear. A statement under Section 164 Cr.P.C. may be recorded at any time ... Whether a confession recorded by a Magistrate under Section 164 of the Code of Criminal Procedure after the police had completed its investigation and submitted
with that of her
Section 161 Cr.P.C. statement. Therefore, the statement under Section 164
Cr.P.C. cannot be straight away accepted ... Section 164 Cr.P.C., are
carefully satisfied.
Now, we will consider the evidentiary value of Section 164 Cr.P.C.
statement to place reliance
made
considerable improvements in her statement given in the court as compared
to her statement u/s 164 ... victim while she gave her statement in the court visavis her statement
recorded u/s 164 Cr.P.C. In her statement
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
Section 173 of the
Code of Criminal Procedure, 1973 ( Cr.P.C .) also for the offences
under Section 376 / 511 IPC.
6. During the investigation ... substantive evidence.
Statements under Section 161 CrPC can be used only for the
purpose of contradiction and statements under Section 164 CrPC
criminal case and
the only evidence which has purportedly come up as claimed by the NIA
is the statement under Section 164 of ... substance could be
collected against the petitioner and the purported 164 Cr.P.C.
statement of Ram Mohan Singh Munda is a weak piece
Gulab Bagh
Colony.
STATEMENT UNDER SECTION 164 OF THE CODE OF
CRIMINAL PROCEDURE, 1973
Crl.M.C 338/2017 & 339/2017 Page ... statement dated 20.09.2016 under
Crl.M.C 338/2017 & 339/2017 Page 27 of 132
Section 164 of the Code of Criminal Procedure
Section 164 of the CrPC, for recording his
statement. After recording the statement of ‗S', under Section 164, he
deposed that ... could not explain as to why the statement
of ‗S', under Section 164 , CrPC, could not be recorded till
substantive evidence. Statements
under Section 161 Cr.P.C. can be used
only for the purpose of contradiction and
statements under Section 164 ... magistrate has to perform the duty of
recording a statement under Section 164
Cr.P.C., he is under an obligation to elicit
all information
Section 366 IPC.
9. Ld. counsel for the accused submitted that the statement of child
victim, under section 164 Cr.P.C was recorded ... stated in her statement under section 161 Cr.P.C. was not stated
in her statement under section 164
