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
statement under Section 164 , Cr. P.C., of the statement under Section 306, Cr. P.C. and of the Court testimony, reveals, firstly, that Rajesh ... which exist as Ex. P. 1 and Ex. P.13. Yet, in his statements under Section 164 , Cr. P.C. Section 306, Cr. P.C
victim was recorded by the Judicial Magistrate - Ist Class, under Section 164
Cr.P.C (Ext. B). The victim was examined by the doctor ... appellant and Ext. B statement of the victim
recorded under Section 164 Cr. P. C.
8. The trial court taking into consideration the evidence
164 Cr.P.C., the offence was converted under Section 376 / 506 I.P.C. and the offence under Section 511 I.P.C ... under Section 164 Cr.P.C. and on that basis Section 376 /506 were added and Section 511 Cr.P.C. was dropped
mentioned either in her statement under
Section 161 Cr.P.C. or in her statement under Section 164
Cr.P.C. of the prosecution that ... genuineness under Section 80 of the Evidence Act attaches to
such statement. However, a statement under Section 164 Cr.P.C.
can never be used
correctly identified
him as ―Mama Lokesh‖.
Statement of prosecutrix under Section 164, Cr. P.C.:
13. Before recording the statement of the prosecutrix, under
Section ... appellant (Ex. P-1) as well as the
proceedings under Section 164, Cr. P.C., along with the statement of
the prosecutrix
recorded. On the basis of her statement u/s 164 of Cr.P.C ., section 354
IPC was converted into section ... statement
u/s 161 Cr.P.C . does not reveal the name of the accused person. The
statement u/s 164 Cr.P.C. also
investigation and requested for recording of
her statement u/s 164 Cr.P.C. On 03/01/2011, statement of complainant
was got recorded wherein ... P. Badli
that my statement u/s 164 Cr.P.C. was not recorded as per the correct
version and Karan Bhasin had not raped
Malkhana. On 23/04/2013 statement of the prosecutrix u/s 164 Cr.P.C.
was got recorded. On 25/04/2013, the sealed exhibits ... proved her statement recorded u/s 161
Cr.P.C. Ex. PW3/A, statement recorded u/s 164 Cr.P.C
instant case was registered as also
her statement recorded under Section 164 Cr.P.C. Ex.PW24/B.
12. Ld. Judge has also recorded ... under
Section 164 Cr.P.C. Ex.PW24/A and at trial on 07.09.2000 and
Crl. Appeal No.932/2009 Page
