summary of statement in relation to each of
the convicted accused :-
Appellant - Gajanand
S.No. Witness 161 Cr.P.C . Statement Court Statement
1 Hariram ... page No.321) tangiya
Appellant - Sonu
S.No. Witness 161 Cr.P.C . Statement Court Statement
1 Hariram (PW-2) Sonu assaulted with Gajanand, Sonu
which states that such a statement cannot be used
for any purpose. Section 161(3) Cr.P.C statement hence can be used only ... complainant, the same can be marked as an exhibit. The statement
recorded under Section 161(3) Cr.PC. can never be marked as an exhibit
question by which it could be said that they were making false
statements in the court or for that matter were falsely implicating the
Appellants ... examination has accepted the fact regarding recording of statement
under Section 161 Cr.P.C. vide Exhibit-P/2. He also admits the
contents
examined at trial as P.W. 1.
In such statement, she clearly admitted that after she
had allegedly been forcibly abducted by the accused ... making any protest
whatsoever. The statement of the victim recorded
during investigation under Section 161 Cr.P.C. was
exhibited by the prosecution
statement of the informant Sher Singh P.W.1 and at his pointing out conducted spot inspection and prepared site plan Exhibit ... statements of both the police constables Bachhu Singh and Rajesh Kumar on 1.8.1996 and same day penned down 161 Cr.P.C . statements of Manvir
Chandra Debnath, Smt. Krishna Debnath on
24.12.03 and recorded their statements under Section 161 Cr.P.C.He
further stated that ... that Exhibits D 4 and D 5 were the statements of Himanshu
19
Roy while Exhibit D7 and D 8 were the statements of Tusar
case under Section 307 IPC. Therefore, the
Investigating Agency should have exhibited some responsibility in registering
the case under Section 307 IPC, when there ... either
directly or indirectly in the incident. In the 161 statement of the defacto
complainant, it is stated that he thought that Manimaran would have
Evidence Act, a formal
marking of the document as an exhibit during the trial
would not fulfill the requirement of law and the information
would ... evaluated. Baburam named 9
persons as the assailants in his statement under Section 161
CrPC (Ex.D/4) and stated in an omnibus manner that
Evidence Act, a formal
marking of the document as an exhibit during the trial
would not fulfill the requirement of law and the information
would ... evaluated. Baburam named 9
persons as the assailants in his statement under Section 161
CrPC (Ex.D/4) and stated in an omnibus manner that
guilty and claimed to be tried.
The prosecution cited 10 witnesses and exhibited certain
documents.
The Learned Advocate for the appellants submitted there
were serious ... Chutumoni Kumar retracted from their statement
3
recorded under Section 161 Cr.P.C. while deposing before the
Court. There are contradictions in the statement
