counsel points out that, even according to the confessional statement of the said Vasanthan, the unsigned and undated letter has not reached the said Gundu ... unsigned and undated letter has been recovered. The said unsigned letter has been produced before me and I have perused it minutely. The said unsigned
under Section 161 Cr.P.C., which is an unsigned statement, cannot have any
authenticity or evidentiary value. Because the said witness has not given
therefore, idle for the prosecution to rely upon some unsigned statement of the appellant, which is ambiguous in its meaning and which cannot relieve
submitted that the signed statements for which assurances had been given to the witnesses are statements taken after investigation commenced ... fraud on the procedure to rely on subsequent unsigned statements as statements under S. 161(3) Cr.P.C. for the purpose
retraction was an afterthought and that the earlier statement was true"
(a)The statement of the appellant ... signed statement in the presence of notary public besides a unsigned statement. He never retracted his statement till he was questioned under Section
issued another receipt
(Ex.P3) and also gave an unsigned statement of account (Ex.P4); ultimately,
when Gunasundari (A2) did not make
support of its case, the prosecution holds only an unsigned statement informing that the bills had been issued by them, such statement allegedly having been
complaint. Learned counsel also submitted that in the 161 Cr.P.C . statement of Ilavarasi, she has categorically stated that she has not given ... cannot be countenanced. The 161 Cr.P.C . statement is an unsigned statement written by the police at the earliest point of time
showing amounts due (Ex. P14), he submitted that it is an
unsigned statement and cannot be relied upon as evidence. Referring to
the counter affidavit
pleaded. Thirdly, it was argued that only on the basis of unsigned confession statement, the petitioner was wrongly prosecuted and that confession statement relied upon ... that the impugned order of removal by taking note of the unsigned confession statement of the petitioner is liable to be quashed.
6. Per contra
