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N.Sakthivel vs State By on 25 October, 2016 cites

Tori Singh vs The State Of Uttar Pradesh on 12 September, 1961

"15.Contention No.2:- According to the learned counsel for the appellants, the markings in Ex.A.6, the rough sketch of the scene made by P.W.3, the Investigating Officer are based on statements recorded by him under S.161, O.1, C.P.C., which are inadmissible in evidence and as such those markings in Ex.P6 are to be eschewed from consideration. The findings of the Tribunal, as well as of the learned Judge, based on those markings are therefore, unsustainable. Reliance was placed upon a decision of the Supreme Court in Tori Singh v. State of U.P. The bar under S.161 Cr.P.C., is applicable only to criminal trials. The statements recorded by the Investigating Officer under S.161 Cr.P.C., could be looked into in other proceedings, provided of course, they are properly proved, either by examining the Investigating Officer, who recorded the statements or by examining the witnesses themselves. Once proved, those statements could be relied on in proceedings like the present one. If, however those statements are not proved, they would come within the category of hearsay evidence and would not be admissible. In the instant case, P.W.3 has stated that he visited the scene of accident and that the driver of the motor cycle and one Kupparaj were available there and that they pointed out the scene and on the basis of that he had drawn Ex.P.6. Ex.P.6, therefore, could be relied on."
Supreme Court of India Cites 6 - Cited by 78 - K N Wanchoo - Full Document
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