considered
in the background of Sections 154 and 162 of the
Code of Criminal Procedure, 1973 (in short "the
Code"). A cryptic telephonic ... considered in the background of Sections 154
and 162 of the Code of Criminal Procedure,
1973 (in short 'the Code'). A cryptic telephonic
statements recorded under Section 161 Cr.P.C. As per the proviso of
section 162 (1) of Cr.P.C. the statement cannot be used ... contradiction as enumerated under Section
145 of Indian Evidence Act or/and beyond the provision of Section 162
Cr.P.C.
8. The issue raised
opinion that it hit by provision of
Section 162 of Code of Criminal Procedure, 1973 (as amended up-to-
date) which expressly bars the recording ... recorded as FIR under Section
154 Cr.P.C. All subsequent information will be covered by Section
162 Cr.P.C. Thus
overt act having been proved, Surender cannot be fastened with the
criminal liability of offence of murder or attempt to murder.
7. Learned counsel ... basis of
which FIR was registered is hit by Section 162 Cr.P.C and cannot be
considered. Bhupender is not a person with clean
section 161 of the Code of Criminal Procedure, 1898, observed that the statement recorded under section 161(3) of the Code of Criminal Procedure ... section 161 of the Code of Criminal Procedure enables a policeofficer investigating a case under Chapter Xiv of the Code of Criminal Procedure
such
statement or record" in Sub- section (1) of
Section 162 , Criminal Procedure Code,
make it abundantly clear that statements of
witnesses during investigation ... part of such statement or record' in
sub-section (1) of Section 162 of Cr.P.C. make it abundantly clear that
the statement
criminal trial by reason of the bar under : (1) section 25 of the Indian Evidence Act; (2) section 162 of the Criminal Procedure Code ... section 25 of the Evidence Act. It consequently follows that they are not hit by section 162 of the Criminal Procedure Code."
48. This
CRL.A. No. 655/2013 & Death Ref No.3/2013 Page 10 of 55
is hit by Section 162 of the Criminal Procedure Code ... What is
excluded by Section 162 , Criminal Procedure Code is the
statement made to a Police Officer in the course of investigation
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
admissible and relevant evidences as per section 27 of the
Evidence Act. The aforesaid decision also refers to Section 8 of the
Evidence ... 162 of the Criminal Procedure Code. What is excluded by
Section 162 , Criminal Procedure Code is the statement made to a
Police Officer
