Cr.P.C. The use of the previous statement
recorded under Section 161 of Cr.P.C. is controlled by section 162 of
... section 145 of Act 1 of 1872 and section 162 of
Cr.P.C. before a statement can be used to contradict a witness
substantive evidence. These parades are of the essentially
governed by Section 162 , Criminal Procedure Code. It is for this reason
that the identification parades
recording of
FIR would not violate Section 162 Cr.P.C.
9. In the light of the different circumstances
noticed ... instant case is neither contrary to
Section 154, nor is it hit by Section 162 of Cr.P.C. There
was no delay either
investigation cannot be a ground to
condemn the witness. Further Section
162 , Cr.P.C. is very clear that it is
ig not mandatory
witnesses under Section 161 Cr.P.C. to rope in
the accused for the charge under Section 120-B IPC.
46. It is a well ... charge under Section 120-B
IPC. The trial Court also completely ignored the embargo found under
Section 162 Cr.P.C. restricting
constrained to say that the prosecution has not been able to establish
Crl.A.1111/2013 & 119/2014 Page 19 of 22
those ... entertaining the statement as an exhibit because it was hit
by Section 162 Cr.P.C. Be that
substantive evidence. These
parades are of the essentially governed by Section
162 , Criminal Procedure Code. It is for this reason that
the identification parades
Section 161 Cr.P.C and could not have been
signed by PW 4 in terms of prohibition contained in Section 162
witnesses referred to in the application filed
by petitioners herein under Section 311 Cr.P.C., it is seen
that CW.66 is the Doctor ... recorded before the learned Magistrate with reference to
their statement under Section 162 Cr.P.C., could be
confronted to the Investigating Officer.
5. There
witness. This is a major omission as per Explanation to Section
162 of the Cr.P.C. It is further submitted by the counsel ... prosecution case. This also tantamounts to
contradiction as per Explanation to Section 162 Cr.P.C.
4) It is further submitted by the counsel
