Cr.P.C. and thereafter remanded back to police custody.
42
It was also pointed out that in his statement under Section
313 Cr.P ... statement
under Section 164 Cr.P.C. It was pointed out that in his
statement under Section 313 Cr.P.C. the accused person
stated
days i.e. on 16.5.2005, statement of the prosecutrix
under Section 164 Cr.P.C., was recorded by Smt. Bimlesh Tanwar ... under Section 161 Cr.P.C.. It is well established proposition
that the statement of a witness recorded under Section 161 Cr.P.C., which
Section 164 statements. The learned Judges in ILR 30 Mad 466, seem to think that the question of granting copies under Section 164 , Cr. P ... implied repeal of Section 76 of the Evidence Act in regard to statements under Section 164 , Cr. P. C., or merely as a restriction
even prescribed in Section 164
Cr.P.C.
36. A statement given by a witness u/s.164 Cr.P.C., is like ... Section 161 Cr.P.C. and
gist of it must find a place in his Case Diary (C.D.) (See Section
172 Cr.P.C
P.W.7). The prosecution also placed certain documentary evidences including statement of the victim recorded before the Magistrate under Section 164 , Cr.P.C ... recorded by her before the Magistrate under Section 164 , Cr.P.C. and also finding various discrepancies in the statement of the other witnesses
stage by a Magistrate under the provisions of Section 164 Cr. P. C., and at another stage by the Committing Magistrate, he did not make ... different ways enumerated in the section itself.
We have already said, the previous statements) under Section 164 Cr. P. C., made by these two witnesses
even prescribed in Section 164 Cr.P.C.
36. A statement given by a witness u/s.164 Cr.P.C., is like ... Section 161 Cr.P.C. and gist of it must find a place in his Case Diary (C.D.) (See Section 172 Cr.P.C
Cr. P. C.) in other words, it is clear that the Cr. P. C. does not describe persons who have information in respect ... p. 216, where, while dealing with statements under Section 164 , Cr. P. C., they observed
Test Identification Parade (T.I.P.) as
well as for recording her statement under Section 164 Cr.P.C. This
omission of the police ... 164, Cr.P.C.
34. Before discussion on the contents of the statement of victim
recorded u/s164 , Cr.P.C, we have
would submit that
section 164 (5) of Cr.P.C., Section 281 Cr.P.C. and section 4 (2) of
the Oaths Act, 1969 specifically ... curable under section 463 Cr.P.C.,
Section 463 Cr.P.C. falls under chapter XXXV of Cr.P.C . relating
to "irregular proceedings
