Court cannot look into statement recorded u/s 161 CrPC
by virtue of embargo u/s 162 CrPC. As per section ... 162 CrPC, the statements recorded
u/s 161 CrPC cannot be looked into by the court except for the purpose
evidence in its entirety.
70. In terms of the explanation to Section 162 Cr.P.C.
which deals with an omission to state a fact
Yusuf
FIR No. 97/21
PS Chandni Mahal
8/23
" Section 9 of the Evidence Act deals with relevancy of acts
necessary to explain ... witness in court, it being governed essentially by the
provision of Section 162 Cr.P.C."
13. In Vaikuntam Chandmppa and Ors. v. State
offence under Section 420 ),
misrepresentation by the accused persons by pretending to be some other
person (for the offence under Section 419 IPC), making ... statements under
Section 161 Cr.PC do not have any evidentiary value, however, it is
fairly settled in light of Section 162 Cr.PC that
evidence in its entirety.
70. In terms of the explanation to Section 162 Cr.P.C. which deals
with an omission to state a fact
accused made to the
Magistrate were true. The statements u/s 161 CrPC of PW5 and PW6 were put
to them ... witness and that too after the same has been duly proved
( Section 162 CrPC). However, prosecution has failed to prove such statement
during their cross examination but they denied
the same. As per section 162 CrPC, the Court cannot look into
SC 1534/2016 ... CrPC statements except for the purpose of contradiction.
Another caveat is attached in the said provision i.e. the statement
including
petitioner herein, in any manner whatsoever.
16. It is stated that criminal proceedings filed by respondents
No. 2 to 4 are manifestly attended with ... facts mentioned in the earlier FIR, will be statements falling
under section 162 Cr.P.C. and thus barred.
19. It is stated that
terms of the explanation to Section 162 Cr.P.C. which
deals with an omission to state a fact or circumstance in the
statement referred
held by the Hon'ble Supreme Court of
India that:-
" Section 9 of the Evidence Act deals with relevancy of acts necessary ... witness in court, it being governed essentially
by the provision of Section 162 Cr.P.C."
21. In Vaikuntam Chandmppa and Ors. v. State
