learned counsel for the victim submits, that in an
unsigned statement made under Section 161 of the Cr.P.C., by the victim ... assigned to the signed statement(s), than to the subsequent unsigned
statement. Furthermore, the delay in the makings of the subsequent
unsigned statement(s), also
officer and he shall be
given an opportunity to take notes. Unsigned
statements shall be brought on record only through
recording the statement ... notes, Unsigned
statements shall be brought on record only
through recording the statements of the officer
or Magistrate who had recorded the statement
inconvenience or expense, his previous statement could
be brought on record subject to the condition that the
previous statement was recorded and attested ... judicial
enquiry or trial. The Rule further provides that
unsigned statement shall be brought on record only
through the process of examining the Officer
statements which have
been recorded as far as the petitioner is concerned. In the
first statement dated May 17, 2022, which is an unsigned
statement ... beginning of this judgment in paragraph 5.
20. There is an unsigned statement dated May 17, 2022 of the
petitioner on record, where he admitted
statement was recorded and attested by a police officer
superior in rank than the delinquent. If such statement
was recorded by the Magistrate and attested ... judicial inquiry or trial. The
Rule further provides that unsigned statement shall be
brought on record only through the process of
examining the Officer
extra judicial confession
disclosed, to a person who subsequently makes an unsigned statement under
Section 161 of Cr.P.C., before the police officer concerned ... recipient of the extra
judicial confession hence making an unsigned statement under
Section 161 of the Cr.P.C., to the investigating officer concerned
recorded under Section 161 of the
Cr.P.C., is an unsigned statement, and, if in any signatured statement, the
common trustee Bhai Davinder Singh ... prevail, and, also
would underwhelm the effect, if any, of the unsigned statement, if any, as,
made before the police rather by the above
could not be confronted with his statement under Section 161 Cr.P.C.
and the truthfulness of his statement could not be tested ... Section 161 Cr.P.C. made before the police is an unsigned statement
and is not a substantive piece of evidence. It can be used
available against him, and, as becomes comprised in
the previously made unsigned statements of the witnesses concerned,
thereupon, yet the exclusion from inculpation ... named person, either in
the FIR or in the previously made unsigned statements of the witnesses
concerned, this Court becomes constrained to affirm the concurrently
their examinations-in-chief, are in consonance with their
respectively made previous statements in writing, thereupon, too the learned
Magistrate concerned, becomes empowered to assign ... unsigned statements in writing. Resultantly he may not await for the
recording of their cross-examinations, but may accordingly take to either
include them
