into the statement of PW-1 recorded under Section 161
Cr.P.C.
14. Section 161 Cr.P.C. titled “Examination of witnesses by police ... police statement recorded under Section 161 Cr.P.C can be used at any trial
are indicated in Section 162 Cr.P.C. Section 162
into the statement of
PW-1 recorded under Section 161 Cr.P.C.
14. Section 161 Cr.P.C. titled “Examination of witnesses
by police ... police statement
recorded under Section 161 Cr.P.C can be used at any trial are
indicated in Section 162 Cr.P.C. Section 162
statement of PW 3 recorded by PW 5 under section 162
Cr.P.C as per Ex P6, compact disc containing the
transmitted version ... statement of PW 1
recorded by PW 5 under section 162 Cr.P.C as per Exs
P9, P10, P11, P12 and P13 respectively
statement made by accused person to police official
was hit by Section 162 Cr.P.C. and therefore, such statement
given to decoy police constable ... wrongly assumed that the statement of
prosecution witnesses are hit by Section 162 Cr.P.C.
11. The counsels for the respondents supported the impugned
course of an investigation which is hit
by Section 162 , Criminal Procedure Code. What is
excluded by Section 162 , Criminal Procedure Code
is the statement ... Section 8 and the statement
made to a police officer in the course of an investigation
which is hit by Section 162 CrPC
Police Station. Their
identification in the Police Station is hit under Section 162 Cr.P.C. It
could not be used as a piece ... course of investigation, is hit by provisions
of Section 162 of Criminal Procedure Code. Thus, the evidence of
P.W. Raju Chandwani in context with
Section 157 of the Evidence Act, were also to fall under
Section 162 of the Code, it would be Section 162 of the Code
that ... statement would be
inadmissible. Reading Section 157 of the Evidence Act and
Section 162 of the Code of Criminal Procedure together, it is
clear that
Inspector was inadmissible as it was hit by
Section 162 , Criminal Procedure Code. He relied on a decision
of the Andhra Pradesh High Court ... 162 of the Criminal Procedure Code. What is
excluded by Section 162 , Criminal Procedure Code is the
statement made to a Police Officer
Om Prakash vs State Of Himachal Pradesh on 18 March, 2015
Author: Sanjay Karol
Bench
under her signature, [which is hit
by mischief of Section 162 (1) , Cr.P.C. and hence it cannot be
taken into consideration].
8. Police ... u/s 164 , Cr.P.C, unveiling
her abduction followed by gang rape on that night, unerringly
established the offence under Section 366 , IPC beyond
